Volume 1, Issue 2 (Autumn 2007)                   MLJ 2007, 1(2): 86-106 | Back to browse issues page

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Semyari F. Surgery Team Responsibilities and Commitments. MLJ. 2007; 1 (2) :86-106
URL: http://ijmedicallaw.ir/article-1-665-en.html
دانشگاه آزاد اسلامی واحد تهران مرکز و عضو پیوسته انجمن علمی حقوق پزشکی ایران، تهران، ایران

In case of illnesses the main task of a physician is merely treating and curing patients, however, in performing surgery every physician's responsibility toward health and treatment of patients appears more seriously. This issue creates some specific commitments for surgery team, therefore, members of surgery team should not only observe patients' rights thoroughly, but also should implement medical measures in compliance with medical standards and state systems.

In order to clarify the concept behind commitment, law specialists have classified it into two groups: "commitment toward tool" and "commitment toward result". Based on view of majority of them, in general, commitment means commitment toward tool, but in some exceptional cases, some surgery team members’ commitment is considered as "commitment toward result".

Of course, it is worth mentioning that law itself determines whether it is commitment toward tool or commitment toward result. But if verdict was not legal points, with respect to available criteria, it is quite clear that physician’s commitment is of commitment toward performing responsibility well, and practicing qualification according to regulations of medical profession, in other words, physicians’ commitment is commitment toward the action, and the legislator’s prediction (commitment toward result) is in contradiction with many law experts. In addition, in many countries physicians’ commitment is commitment toward tool.

Received: 2007/05/8 | Accepted: 2007/06/23

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