Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 1009-1028 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Makhdoomi A, Kheradmandi S, Pourkarami3 J. Explain the nature of medical contracts by looking at the responsibility arising from medical operations. MLJ 2021; 15 (56) :1009-1028
URL: http://ijmedicallaw.ir/article-1-1427-en.html
URL: http://ijmedicallaw.ir/article-1-1427-en.html
1- Kermanshah Branch, Islamic Azad University, Kermanshah, Iran
2- Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran
2- Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran
Abstract:
Background and Aim: In the Iranian legal system, violation of medical regulations is considered a crime in some cases and criminal liability for the physician, and in other cases, it has led to the doctor's civil liability. With this in mind, the purpose of this study is to analyze the nature of medical contracts, their scope, principles and effects.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The findings of the present study show that medical contracts have not been identified and mentioned as an independent title in jurisprudential and legal sources; As a result, these contracts should be considered as one of the examples of private agreements of individuals.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Because proving a physician's contractual liability requires proving guilt, a physician's obligation in the form of a medical contract is an instrumental obligation. In addition, in these contracts, the position and role of the patient's consent to the physician's actions and the condition of the physician's innocence from the possible losses resulting from the treatment are important. The element of consent and compromise of the parties to the medical contract plays an important role in relieving the physician of his responsibility and his exemption from warranty and even moving the load.
Cite this article as: Makhdoomi A, Kheradmandi S, Pourkarami J. Explain the nature of medical contracts by looking at the responsibility arising from medical operations. Medical Law Journal 2021; 15(56): e63.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The findings of the present study show that medical contracts have not been identified and mentioned as an independent title in jurisprudential and legal sources; As a result, these contracts should be considered as one of the examples of private agreements of individuals.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Because proving a physician's contractual liability requires proving guilt, a physician's obligation in the form of a medical contract is an instrumental obligation. In addition, in these contracts, the position and role of the patient's consent to the physician's actions and the condition of the physician's innocence from the possible losses resulting from the treatment are important. The element of consent and compromise of the parties to the medical contract plays an important role in relieving the physician of his responsibility and his exemption from warranty and even moving the load.
Cite this article as: Makhdoomi A, Kheradmandi S, Pourkarami J. Explain the nature of medical contracts by looking at the responsibility arising from medical operations. Medical Law Journal 2021; 15(56): e63.
Keywords: Medical Law, Contractual Responsibility, Fault, Physician's Responsibility, Medical Operations
Type of Study: Original Article |
Received: 2021/04/7 | Accepted: 2021/08/17
Received: 2021/04/7 | Accepted: 2021/08/17
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
