Volume 14, Issue 54 (Autumn 2020)                   MLJ 2020, 14(54): 91-113 | Back to browse issues page

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Saqafi M. Possibility of Demanding Blood Money from Treatment Centers in the Light of Court Judgments. MLJ. 2020; 14 (54) :91-113
URL: http://ijmedicallaw.ir/article-1-1092-en.html
Department of Law, Zanjan University, Zanjan, Iran
Medical centers including hospitals, clinics, rehabilitation centers, infertility treatment and… whether governmental, private or charitable have legal entity in most cases. This legal entity, in some cases, is affiliated with the state or state universities of medical sciences and sometimes these centers take their entities in the form of business firms. The existence of a legal entity provides that the health center, in accordance with article 588 of the Commercial Code, has all the rights and duties as same as a person. In this regard, to pay the victim Blood Money in the case of Itlaf an Tasbib is one of the duties of the persons and in spite that the Itlaf of a person and direct harm to is not possible due to the legal entity; this is not however, the denial of their liability to pay the Diyah arising from the Tasbib of legal entity.
Contrary to the views of some jurisprudents and lawyers, and the appearance of some articles of Islamic Panel Code, Tasbib is due to pay Blood Money in the case that is companied by a fault. One of the most obvious failure of medical centers that is leading to hurt the patients is to violate the state regulations that not only there is no need to expert opinion, but also is achieved upon the violation of the rules and regulations and there is no need to proof of fault. For various reasons, recognizing the liability of health centers to pay Blood Money, in every respect is in favor of patients and to support their right.

Please cite this article as: Saqafi M. Possibility of Demanding Blood Money from Treatment Centers in the Light of Court Judgments. Iran J Med Law 2020; 14(54): 91-113.
Type of Study: Original Article |
Received: 2020/03/8 | Accepted: 2020/06/29

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