Volume 5, Issue 16 (Spring 2011)                   MLJ 2011, 5(16): 39-58 | Back to browse issues page

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Salehi H R, Abbasi M. Analyze of the nature of medical obligations and their examples with comparative study. MLJ. 2011; 5 (16) :39-58
URL: http://ijmedicallaw.ir/article-1-488-en.html
Abstract:  

Although apparently in the Iranian's legal system following the major of Emamyeh's jurisprudence, the nature of medical obligations has been introduced as the obligation to results. In most legal systems and even in Islamic countries whose codes are drawn from Sunni jurisprudence, the nature of medical obligations is the obligation to means. But in some special cases and according justifiable reasons in accordance with the requirements and the new order ruling the society and regarding to a simultaneous attention to the order and justice, the nature of medical obligations is the obligation to results. So in this article, with a brief description of the history of the subject and the views of proponents and opponents, the nature of medical obligations and their examples it's been tried to comparatively study. An analytical investigation of the nature of the obligations of the owners of medical and related careers has been dealt with in some controversial, common and related instances such as prosthetics, blood transfusion, medical exams, the process of anesthesia, the warranty of patients' health and cosmetic surgery.


Received: 2010/08/16 | Accepted: 2010/11/6

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