Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 813-828 |
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Mahmoudi A, Yousefi Sadeghloo A, Abbasi M. Civil Liability Arising from Defensive Medicin. MLJ 2024; 18 (59) :813-828
URL: http://ijmedicallaw.ir/article-1-1878-en.html
URL: http://ijmedicallaw.ir/article-1-1878-en.html
1- Department of Private Law, Faculty of Law and Theology, Science and Research Unit, Islamic Azad University, Tehran, Iran.
2- Medical Ethic and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran
2- Medical Ethic and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran
Abstract:
Background and Aim: The treatment and its quality is considered one of the most serious matters in people's lives Due to the increase in diseases and the range of their complications in Modern societies and any deviation in this regard could have harmful effects. Accordingly, the commitment of doctors to treatment has increased and this issue sometimes has led them to take actions that may not be necessary option and not beneficial to the patient in order to get rid of possible future liability. Based on this, the explanation of defensive medicine, the conditions of fulfillment, the basis and examples of the doctor's responsibility in the defensive measures taken by him is the aim of the authors of this article.
Method: The method used in the mentioned article is descriptive-analytical. In this regard, reliable library sources are used to collect materials.
Ethical Considerations: In all parts of this research, ethical principles and scientific trustworthiness have been observed.
Results: Currently, most doctors have turned to defensive medicine due to the increase in Administrative and judicial complaints against doctors and this problem lead to the loss of doctor-patient trust, imposed costs on patients and the health system and most importantly had a negative effect on the health of patient. According to the rules governing civil liability in positive and negative defensive medicine, doctors are at fault and accordingly, they are obliged to compensate the damages caused to the patients. It is an issue that needs to be given special attention in court.
Conclusion: Considering the concept of the right to the dramatic growth of people's awareness in today's societies remarkable raising of people's awareness in today's societies, it seems that it is necessary to change from traditional examples of fault. In this context, the positive defensive behavior of doctors imposes huge costs on the health system and patients and causes significant losses to them; it should be compensated by observing the rules governing on civil liability. Also, in cases which doctors cause harm to patients with negative defensive behaviors, they are obliged to compensate the harm caused to patients; If it is established according to the principles of civil liability and under other special conditions, such as the absence of another doctor in that field or the need to perform high-risk medical procedures and the doctor's refusal to act.
Please cite this article as:
Mahmoudi A, Yousefi Sadeghloo A, Abbasi M. Civil Liability Arising from Defensive Medicin. Medical Law Journal. 2024; 18: e55.
Method: The method used in the mentioned article is descriptive-analytical. In this regard, reliable library sources are used to collect materials.
Ethical Considerations: In all parts of this research, ethical principles and scientific trustworthiness have been observed.
Results: Currently, most doctors have turned to defensive medicine due to the increase in Administrative and judicial complaints against doctors and this problem lead to the loss of doctor-patient trust, imposed costs on patients and the health system and most importantly had a negative effect on the health of patient. According to the rules governing civil liability in positive and negative defensive medicine, doctors are at fault and accordingly, they are obliged to compensate the damages caused to the patients. It is an issue that needs to be given special attention in court.
Conclusion: Considering the concept of the right to the dramatic growth of people's awareness in today's societies remarkable raising of people's awareness in today's societies, it seems that it is necessary to change from traditional examples of fault. In this context, the positive defensive behavior of doctors imposes huge costs on the health system and patients and causes significant losses to them; it should be compensated by observing the rules governing on civil liability. Also, in cases which doctors cause harm to patients with negative defensive behaviors, they are obliged to compensate the harm caused to patients; If it is established according to the principles of civil liability and under other special conditions, such as the absence of another doctor in that field or the need to perform high-risk medical procedures and the doctor's refusal to act.
Please cite this article as:
Mahmoudi A, Yousefi Sadeghloo A, Abbasi M. Civil Liability Arising from Defensive Medicin. Medical Law Journal. 2024; 18: e55.
Type of Study: Original Article |
Received: 2024/08/7 | Accepted: 2024/11/5
Received: 2024/08/7 | Accepted: 2024/11/5
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