Volume 15, Issue 56 (4-2021)                   MLJ 2021, 15(56): 19-37 | Back to browse issues page

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Asadi H, Kordbacheh Hossein Abad M. Jurisprudential-Legal Investigation of the Surgeons’ Civil Liability in Plastic Surgeries with an Emphasis on Islamic Penal Code of Law Passed in 2013. MLJ. 2021; 15 (56) :19-37
URL: http://ijmedicallaw.ir/article-1-1295-en.html
1- Department of Theology, Jurisprudence and Fundamentals of Islamic Law, Varamin-Pishva Branch, Islamic Azad University, Tehran, Iran
2- of Islamic Law, Varamin-Pishva Branch, Islamic Azad University, Tehran, Iran
Abstract:  
Background and Aim: In The Present Study, the Basis of Civil Liability of Cosmetic Surgeon has been Studied and in This Regard, Issues Such as the Nature of Physician Commitment, Types of Physician Liability, the Concept of Medical Error, Obligations and Requirements of Cosmetic and Reconstructive Surgeons in the Field of Medical Law and Many Other Issues. Our Aim in this Study is to Explain the Civil Liability of Physicians in Cosmetic Surgery.
Materials and Methods: This Research has been Compiled Using Library Resources and by Filing Method.
Findings: Findings Indicate that the Advancement of Medical Knowledge on the one Hand and Social Necessities and Improving Living Standards on the Other Hand are Factors that have Led to the Expansion of the Tendency to Plastic Surgery, Especially in Recent Decades.
Ethical Considerations: In this Research, it has been Written From the Beginning to the End, Relying on Moral Principles, Trustworthiness and Honesty.
Conclusion: The Results of the Research Show that the Goals of Cosmetic Surgery for the Applicants of This Operation and Doctors are Somewhat Different From the Main Goal of Medical Practices, Which is the Prevention and Treatment of the Patient. In Iranian Law, the Legislature Considers the Basis of a Physician's Liability to be Based on Fault and Presumes Fault for Him. Sometimes a Doctor can Absolve Himself of Responsibility by Entering a Condition of Innocence "But Given the Characteristics of Cosmetic Surgery and the Need to Maintain Greater Safety in it and the Fact that the Interests of Society do not Stop Performing this Surgery, it Must be Believed that Obtaining the Innocence of Cosmetic Surgeons can not Shift the Burden of Proving Guilt and only Harms the Causal Relationship. Prove the Cosmetic Surgeon and the Damage, Albeit in General, Between the Operation, and Then the Surgeon Must Prove that, First: the Surgery Was Rational and Legitimate in View of the Expected Benefits; Second: Adequate Information and Awareness of the Patient has Been Provided; "Thirdly, the Damage Was Caused by a Factor Beyond the Surgeon's Control, Which was Due to a Lack of Medical Knowledge or a Specific Reaction of the Patient's Body to the Surgery, in Order to Relieve Him of his Responsibility."

Cite this article as: Asadi H, Kordbacheh Hossein Abad M. Jurisprudential-Legal Investigation of the Surgeons’ Civil Liability in Plastic Surgeries with an Emphasis on Islamic Penal Code of Law Passed in 2013. Medical Law Journal 2021; 15(56): e2.
Type of Study: Original Article |
Received: 2020/10/3 | Accepted: 2021/01/13

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