Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 560-575 |
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Abedi A, Farahmandfar M, Bouzari S, Salimi Ghalei E. Analysis of the Foundations and Elements of Criminal Liability of
On-Call Doctors in Iranian Law. MLJ 2024; 18 (59) :560-575
URL: http://ijmedicallaw.ir/article-1-1819-en.html
URL: http://ijmedicallaw.ir/article-1-1819-en.html
1- Department of Private Law, Faculty of Law and Political Sciences, Shiraz University, Shiraz, Iran.
2- Department of Law, Faculty of Literature and Humanities, Boali Sina University, Hamadan, Iran.
3- Department of Law, Faculty of Humanities, Maragheh University, Maragheh, Iran
2- Department of Law, Faculty of Literature and Humanities, Boali Sina University, Hamadan, Iran.
3- Department of Law, Faculty of Humanities, Maragheh University, Maragheh, Iran
Abstract:
Background and Aim: The issue of physician liability in medical practice has long been significant and has always been a subject of discussion and examination. With the advancement and updating of medical practice and the consequent creation of various titles for physicians, the liability of doctors and the possibility of their legal prosecution has gained double importance. The liability of on-call doctors, considered one of the responsibilities of specialist doctors in hospitals and medical centers, is significantly important in terms of the responsibilities and obligations they must observe. In our country's legal system, physician liability is based on fault and is considered professional liability. This research, considering the professional fault-based liability of physicians and the guidelines of the Ministry of Health, Treatment and Medical Education, examines the foundations of the criminal liability of physicians, the elements of the criminal liability of on-call doctors and the causal relationship. Finally, it examines the factors that exonerate doctors from liability and the ways to compensate for damages.
Method: In this article, we will investigate the criminal responsibility of Ankal doctor with descriptive-analytical method and using library sources.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: According to the 2023 on-call physician guidelines in the country's hospitals, the ultimate and primary responsibility lies with the treating physician and the latter can absolve the on-call doctor of responsibility if no fault is proven. The findings indicate that the criminal liability of on-call doctors, if the elements of the crime are attributable to the doctor and a causal relationship between the behavior and the outcome based on the fault theory accepted in Iran's criminal justice system exists, results in criminal liability based on general and specific laws. In this context, the on-call doctor, due to the advisory nature of their opinion, is not considered the final responsible party for the patient. However, in cases where the patient's condition is threatening and there is no access to a resident doctor, the independent responsibility of the on-call doctor arises. Additionally, in other cases, the liability of the on-call doctor, alongside the liability of other individuals, is realized if the conditions related to the criminal liability of the doctor are met.
Conclusion: The criminal liability of the on-call doctor, in light of their specific and professional characteristics, is regarded as a specific criminal liability. If the elements of the crime are attributable to the on-call doctor and a causal relationship between the behavior and the outcome based on the fault theory accepted in Iran's criminal justice system exists, it results in criminal liability based on general and specific laws in this regard. Generally, given the advisory nature of the on-call doctor's opinion, the final responsible party for the patient is considered the resident doctor and in cases where the patient's condition is threatening and there is no access to the resident doctor, the independent responsibility of the on-call doctor is discussed. In other cases, the liability of the on-call doctor, alongside the liability of other individuals, is realized if the conditions related to the criminal liability of the doctor are met.
Please cite this article as:
Abedi A, Farahmandfar M, Bouzari S, Salimi Ghalei E. Analysis of the Foundations and Elements of Criminal Liability of On-Call Doctors in Iranian Law. Medical Law Journal. 2024; 18: e39.
Method: In this article, we will investigate the criminal responsibility of Ankal doctor with descriptive-analytical method and using library sources.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: According to the 2023 on-call physician guidelines in the country's hospitals, the ultimate and primary responsibility lies with the treating physician and the latter can absolve the on-call doctor of responsibility if no fault is proven. The findings indicate that the criminal liability of on-call doctors, if the elements of the crime are attributable to the doctor and a causal relationship between the behavior and the outcome based on the fault theory accepted in Iran's criminal justice system exists, results in criminal liability based on general and specific laws. In this context, the on-call doctor, due to the advisory nature of their opinion, is not considered the final responsible party for the patient. However, in cases where the patient's condition is threatening and there is no access to a resident doctor, the independent responsibility of the on-call doctor arises. Additionally, in other cases, the liability of the on-call doctor, alongside the liability of other individuals, is realized if the conditions related to the criminal liability of the doctor are met.
Conclusion: The criminal liability of the on-call doctor, in light of their specific and professional characteristics, is regarded as a specific criminal liability. If the elements of the crime are attributable to the on-call doctor and a causal relationship between the behavior and the outcome based on the fault theory accepted in Iran's criminal justice system exists, it results in criminal liability based on general and specific laws in this regard. Generally, given the advisory nature of the on-call doctor's opinion, the final responsible party for the patient is considered the resident doctor and in cases where the patient's condition is threatening and there is no access to the resident doctor, the independent responsibility of the on-call doctor is discussed. In other cases, the liability of the on-call doctor, alongside the liability of other individuals, is realized if the conditions related to the criminal liability of the doctor are met.
Please cite this article as:
Abedi A, Farahmandfar M, Bouzari S, Salimi Ghalei E. Analysis of the Foundations and Elements of Criminal Liability of On-Call Doctors in Iranian Law. Medical Law Journal. 2024; 18: e39.
Type of Study: Original Article |
Received: 2024/05/21 | Accepted: 2024/08/31
Received: 2024/05/21 | Accepted: 2024/08/31
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