Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 90-101 |
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Masihi M. Conditions for Determining Medical Error in General Surgeries from the Perspective of the Jurisprudential Rule of Attribution. MLJ 2025; 19 (60) :90-101
URL: http://ijmedicallaw.ir/article-1-1929-en.html
URL: http://ijmedicallaw.ir/article-1-1929-en.html
Department of Law, Faculty of Law and Social Sciences, Payame Noor University, Tehran, Iran
Abstract:
Background and Aim: Medical error is one of the factors threatening patient health and mortality in the world and every legal system has adopted mechanisms to deal with it and compensate for the damage caused. Medical jurisprudence has also paid attention to the role and effect of the physician on the occurrence of errors in general surgeries from the perspective of the rule of attribution, which is addressed in this study.
Method: The present article is of a qualitative nature, the method of its conduct is descriptive-analytical and the data collection tool is library.
Ethical Considerations: In writing the present article, the principles of trustworthiness and accurate and documented references are considered.
Results: Medical error from the perspective of the rule of attribution requires finding a causal relationship between the physician's act and the damage to the patient or his death. To find out the reason, consideration of the existing customs and facilities, including medical services and equipment, the patient's mental and physical condition and post-operative care should be taken into account in order to fairly determine whether a medical error has occurred.
Conclusion: According to the rule of attribution, if the existing facilities and conditions have the necessary capacity to perform a desired surgery and the doctor threatens the patient's health with carelessness and irresponsibility, he is considered a guarantor. Even if the patient or his parents have been acquitted, there is no reason for the doctor's negligence in performing the surgery and in the event of a lawsuit, the disciplinary and judicial courts should take appropriate measures depending on the extent of the doctor's error in causing the harmful act.
Please cite this article as:
Masihi M. Conditions for Determining Medical Error in General Surgeries from the Perspective of the Jurisprudential Rule of Attribution. Medical Law Journal. 2025; 19: e7.
Method: The present article is of a qualitative nature, the method of its conduct is descriptive-analytical and the data collection tool is library.
Ethical Considerations: In writing the present article, the principles of trustworthiness and accurate and documented references are considered.
Results: Medical error from the perspective of the rule of attribution requires finding a causal relationship between the physician's act and the damage to the patient or his death. To find out the reason, consideration of the existing customs and facilities, including medical services and equipment, the patient's mental and physical condition and post-operative care should be taken into account in order to fairly determine whether a medical error has occurred.
Conclusion: According to the rule of attribution, if the existing facilities and conditions have the necessary capacity to perform a desired surgery and the doctor threatens the patient's health with carelessness and irresponsibility, he is considered a guarantor. Even if the patient or his parents have been acquitted, there is no reason for the doctor's negligence in performing the surgery and in the event of a lawsuit, the disciplinary and judicial courts should take appropriate measures depending on the extent of the doctor's error in causing the harmful act.
Please cite this article as:
Masihi M. Conditions for Determining Medical Error in General Surgeries from the Perspective of the Jurisprudential Rule of Attribution. Medical Law Journal. 2025; 19: e7.
Type of Study: Original Article |
Received: 2025/01/18 | Accepted: 2025/04/27
Received: 2025/01/18 | Accepted: 2025/04/27
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