Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 50-65 |
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Seyedi Arani S A. Participatory Performance: Protecting the Interests of Physicians and Patients in Civil Liability. MLJ 2022; 16 (57) :50-65
URL: http://ijmedicallaw.ir/article-1-1267-en.html
URL: http://ijmedicallaw.ir/article-1-1267-en.html
Department of Law, Faculty of Humanities and Law, University of Kashan, Kashan, Iran
Abstract:
Background and Aim: In individual performance, is not easy to strike balance between physician and patient interests in the matter of civil liability; The legislature, to organize the physician's responsibility, in the body of a rule oscillating between extremism and extravagance, accepts in one regulation pure responsibility and in the next regulation it accepts non-responsibility and in another rule, despite the certainty of error in medicine, the physician holds the culprit responsible. The way to balance, in a relationship where the interests of the parties are considered, is to add people, create assets and share responsibilities.
Method: This research has been done by using the findings of comparative law and organizing participatory performance using descriptive-analytical method.
Ethical Considerations: In the present study, adherence to the scientific method, ethical principles, fiduciary duty and intellectual and intellectual property have been respected.
Results: The experience of French law shows that the participatory performance has the potential to increase a person, assets and to establish and distribute responsibilities in the field of medicine; Collaborative implementation is suggested as a way to create a favorable balance between the interests of the patient and the physician. In participatory performance, many features can be brought to the field that is related to human lives by placing the features of medicine on the compass.
Conclusion: Participatory performance with "activity organizing technique" and granting legal personality, establishes the company responsibility and unlimited liability of partners. The importance of patient trust requires the joint responsibility of company to the harmful behavior of the physician, and the sensitivity to impairment of the patient's freedom of choice requires unlimited and joint liability of partners for the company's debts. This method of performance, thanks to "partner organization technique" centralizes trusted physicians, enables the establishment and continuation of these responsibilities. In such a system, the responsibility does not rest on the physician alone; He has reliable supporters in this direction. The status of the partner paying the loss is organized by referring to the company, the offending partner and other partners. It does not matter from which "treatment door" the patient enters the company; He exits the "security exit". The result of this situation, creating balance and souvenir it, is entering the field of health with a relaxed mind, which should be welcomed.
Please cite this article as: Seyedi Arani SA. Participatory Performance: Protecting the Interests of Physicians and Patients in Civil Liability. Medical Law Journal. 2022; 16(57): e4.
Method: This research has been done by using the findings of comparative law and organizing participatory performance using descriptive-analytical method.
Ethical Considerations: In the present study, adherence to the scientific method, ethical principles, fiduciary duty and intellectual and intellectual property have been respected.
Results: The experience of French law shows that the participatory performance has the potential to increase a person, assets and to establish and distribute responsibilities in the field of medicine; Collaborative implementation is suggested as a way to create a favorable balance between the interests of the patient and the physician. In participatory performance, many features can be brought to the field that is related to human lives by placing the features of medicine on the compass.
Conclusion: Participatory performance with "activity organizing technique" and granting legal personality, establishes the company responsibility and unlimited liability of partners. The importance of patient trust requires the joint responsibility of company to the harmful behavior of the physician, and the sensitivity to impairment of the patient's freedom of choice requires unlimited and joint liability of partners for the company's debts. This method of performance, thanks to "partner organization technique" centralizes trusted physicians, enables the establishment and continuation of these responsibilities. In such a system, the responsibility does not rest on the physician alone; He has reliable supporters in this direction. The status of the partner paying the loss is organized by referring to the company, the offending partner and other partners. It does not matter from which "treatment door" the patient enters the company; He exits the "security exit". The result of this situation, creating balance and souvenir it, is entering the field of health with a relaxed mind, which should be welcomed.
Please cite this article as: Seyedi Arani SA. Participatory Performance: Protecting the Interests of Physicians and Patients in Civil Liability. Medical Law Journal. 2022; 16(57): e4.
Keywords: Civil Liability, Individual Performance, Medical, Legal Personality, Participatory Performance
Type of Study: Original Article |
Received: 2020/11/25 | Accepted: 2021/03/17
Received: 2020/11/25 | Accepted: 2021/03/17
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