Civil and Criminal Liability of Doctors in Medical Operations

Resumen

In general, the Civil Code and the Civil Liability Act of 1960 on the civil liability of the physician are silent; the medical responsibility is the physician's accountability for the losses that the patient enters, and the damage is due to medical duties. If the medical responsibility is based on the "theory of aggression"; the guilty plea lies with the patient or claimant, and if based on the "conventional theory", depending on whether the doctor's commitment is a commitment to a "result" or "device," the subject will be different. On the other hand, the Islamic Penal Code, adopted in 2013, did not accept the sole responsibility or responsibility of the physician without a fault, according to the statements of some of the Imamiye and the criticisms of lawyers. Article 495 of the new law on the subject of the appointment of a physician in the treatment that he conducts causes the loss or damage of a body is a guarantor of the blood money, unless his practice is in accordance with medical and procedural requirements, or that he has been acquitted before the treatment and the perpetrator is not a fault, and if the exclusion from the patient is not valid for his immature or insane nature or if he is not acquainted with him for an anesthetic reason and so on, the offense is obtained from the ill patient. In this research, a new approach to the civil and criminal liability of physicians and deficiencies and challenges in this field are discussed. Then, the views on the civil and criminal liability of the physician, the nature of the treatment contract and the civil liability of the physician are reviewed and the legal concept of obtaining consent and its characteristics are explained.