نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
One of the key issues in medical law is the liability of healthcare professionals. Proving a physician's fault as the primary basis for medical claims is often a challenging and time-consuming process, which may hinder patients from obtaining compensation for damages. Hence, the theory of "safety commitment" is introduced as an independent and effective basis in civil liability, emphasizing compensation even in the absence of a physician's fault. This study examines the feasibility of implementing the theory of safety commitment in Iranian law, considering legal, Islamic jurisprudential, and customary foundations. Findings reveal that although this theory is not explicitly stipulated in Iranian regulations, it can be aligned with the legal system through principles such as no-harm (La Zarar) and causation (Tasbib) within Islamic jurisprudence, customary practices governing medical contracts, and certain articles of the Iranian Civil Code. Adopting this theory could play a significant role in safeguarding patients' rights and reducing unresolved medical disputes.
کلیدواژهها English