Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 365-380 |
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Rafiee R, Abedini H, Rostaei H. Physician Civil Liability in the Treatment of Patients with Covid19 in Iranian Law Adapted to the American Legal System. MLJ 2022; 16 (57) :365-380
URL: http://ijmedicallaw.ir/article-1-1511-en.html
URL: http://ijmedicallaw.ir/article-1-1511-en.html
1- Department of Law, Faculty of Theology and Islamic Studies, University of Meybod, Meybod, Iran
2- Department of Jurisprudence and Law, Faculty of Theology and Islamic Studies, University of Meybod, Meybod, Iran
2- Department of Jurisprudence and Law, Faculty of Theology and Islamic Studies, University of Meybod, Meybod, Iran
Abstract:
Background and Aim: The civil responsibility of medical professionals, especially physicians, has been disputed for a long time. In the meantime, in order to improve the process of definitive treatment of patients, including those infected with the coronavirus, and to reduce liability lawsuits in the courts, changing the basis of the physician's civil liability from the "Theory of presumption of Fault" to the "The Theory of Attributability". Based on "Flexible Custom Arbitration with the requirements of time and place, to get closer to social justice" and "Valid Jurisprudential Rules" is necessary.
Method: The research method of this Article is Descriptive-Analytical and the method of collecting information is Library Studies.
Ethical Considerations: This Article has completely adhered to the Moral Principles -Honesty, Respect for Rights and Confidentiality- and the Principle of Material-Intellectual Property.
Results: In US Law, after the outbreak of Covid-19 and the declaration of emergency, the federal emergency laws and the executive orders of the states changed from "Ready to Enforce" to "Enforceable" and based on "The Ihsan Rule" and paying attention to the goodness of the physician. In the absence of negligence to the extent of reckless misconduct, intentional misconduct and gross negligence, immunity from liability was created for the physician. In Iranian law, after the outbreak of Covid-19, the legislature's approach is still based on the "The Theory of Presumption of Fault".
Conclusion: Facing an emergency requires passing emergency laws. "Preventing the Tsunami of Civil Liability Claims", "Improve the Patient's Treatment process by increasing the physician's focus and courage", "Unknown and Unpredictable Disease" and "The Need for advances in medical science" required the support of the physician and he demanded to pay attention to the exceptions of the physician's responsibility in emergency situations, such as the treatment of patients with corona and in case of negligence that does not include intentional fault or gross fault, he should be entitled to support responsibility.
Please cite this article as:
Rafiee R, Abedini H, Rostaei H. Physician Civil Liability in the Treatment of Patients with Covid19 in Iranian Law Adapted to the American Legal System. Medical Law Journal. 2022; 16(57): e25.
Method: The research method of this Article is Descriptive-Analytical and the method of collecting information is Library Studies.
Ethical Considerations: This Article has completely adhered to the Moral Principles -Honesty, Respect for Rights and Confidentiality- and the Principle of Material-Intellectual Property.
Results: In US Law, after the outbreak of Covid-19 and the declaration of emergency, the federal emergency laws and the executive orders of the states changed from "Ready to Enforce" to "Enforceable" and based on "The Ihsan Rule" and paying attention to the goodness of the physician. In the absence of negligence to the extent of reckless misconduct, intentional misconduct and gross negligence, immunity from liability was created for the physician. In Iranian law, after the outbreak of Covid-19, the legislature's approach is still based on the "The Theory of Presumption of Fault".
Conclusion: Facing an emergency requires passing emergency laws. "Preventing the Tsunami of Civil Liability Claims", "Improve the Patient's Treatment process by increasing the physician's focus and courage", "Unknown and Unpredictable Disease" and "The Need for advances in medical science" required the support of the physician and he demanded to pay attention to the exceptions of the physician's responsibility in emergency situations, such as the treatment of patients with corona and in case of negligence that does not include intentional fault or gross fault, he should be entitled to support responsibility.
Please cite this article as:
Rafiee R, Abedini H, Rostaei H. Physician Civil Liability in the Treatment of Patients with Covid19 in Iranian Law Adapted to the American Legal System. Medical Law Journal. 2022; 16(57): e25.
Keywords: Covid-19, Civil Liability, Theory of Assumption of Fault, Theory of Attribution, Ihsan Rule, Harmless Rule, Iranian Law, American Law
Type of Study: Original Article |
Received: 2022/03/6 | Accepted: 2022/07/9
Received: 2022/03/6 | Accepted: 2022/07/9
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