Mohammad Hadi Daraei
Abstract
The new Islamic Penal Code of 1392, on the one hand delimitate the liability of physicians, but on the other hand, it contains new provisions for protecting patients.The new Code sets aside liability based on the theory of lack of fault of physicians, which is the common word of Imamiyeh jurists and ...
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The new Islamic Penal Code of 1392, on the one hand delimitate the liability of physicians, but on the other hand, it contains new provisions for protecting patients.The new Code sets aside liability based on the theory of lack of fault of physicians, which is the common word of Imamiyeh jurists and was adopted in the 1370 Code. Instead, the new Code adopts the theory of presumed liability. In addition, to give more protection to physicians, obtaining patient`s consent exempts physicians from liability. Moreover, the new Code indicates that if patient or nurse is aware of the error of medical order, physicians have no liability. A further change is the affirmation of bona fide as a means of discharge of civil liability. As it was stated, the new Code has provisions in order to protect patients. Also, it gradate physicians and make them updated in accordance with the latest developments of medical sciences. Hence, it is provided that any scientific or practical fault or default(neglect) of physician, make him liable. This means that the ignorance of medical science and new methods of treatments is regarded as a cause of civil liability. It seems that this regulation is the turning point in the Panel Code to protect the patients, although this evolution should have been clearer.
