Volume 9, Issue 32 (Spring 2015)                   Medical Law Journal 2015, 9(32): 11-52 | Back to browse issues page

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Sadat Akhavi M. Basis and Goal of Physicians’ Disciplinary Liability and the Moral End of Medical Law. Medical Law Journal. 2015; 9 (32) :11-52
URL: http://ijmedicallaw.ir/article-1-288-en.html
Abstract:  

Abstract The question is about the “why”s in dealing with the basis. Why is disciplinary liability raised for the physicians? However, searching for the goal, the objective is to find out “why” do physicians face disciplinary liability? Answers to these two questions are to be particularly determined by comparison with the bases and goals of criminal and civil liabilities. The fundamental question, however, is that how can disciplinary liability be based upon the moral rules lying in the middle of two above-mentioned systems of liability? This system, undoubtedly, neither is subject to the fundamental principle of legality governing criminal liability, nor may be totally devoid of it as it is the case in civil liability! On the other hand, as one may be concerned for the execution of the guild regulations and the rules of professional ethics, likewise, one may and should be concerned for the observation of the basic and intrinsic rights of peoples. Disciplinary investigation or the application of disciplinary liability and determining its punishments will lead, in any case to the man’s conviction and deprivation of a position and a right. It is not governed by the principle of legality but one should not be careless in the determination of its bases! Law seeks order and justice in the regulation of the social relations and it is based upon the pondering and scrupulosity in referring the corollaries to the principles and basics.

Type of Study: Original Article |
Received: 2014/09/29 | Accepted: 2015/02/14

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