موضوعات
عنوان مقاله English
نویسنده English
The criminal liability of a physician in medical errors is considered a fundamental and sensitive issue in the Iranian legal and jurisprudential system. Given the critical status of the medical profession and the importance of protecting human lives, this issue has always been the focus of legislators, jurists, and lawyers. In addition to the general rules of criminal liability, the Islamic Penal Code has provided specific provisions for medical errors, in which the role of the three elements of crime, patient consent, acquittal, urgency, and medical necessity is influential. The present study, with a descriptive-analytical approach and using library resources, examines the various dimensions of criminal liability resulting from the physician's negligence or fault and attempts to clarify the jurisprudential and legal foundations of this liability. In this regard, first, the theoretical concepts and foundations of criminal liability and its distinction from civil liability are explained, and then the position of the rule of loss, the rule of attribution, and the effect of the absence or presence of the physician's fault in the realization of criminal liability are examined. Also, the legal, material, and psychological elements of the crime resulting from medical errors are analyzed, and the role of obtaining consent and acquittal of the patient and other mitigating or exempting factors of liability are discussed. This study ultimately attempts to provide a clear and coherent framework for identifying the limits and scope of criminal liability of physicians, using the perspectives of Imami jurisprudence and Iranian law and a comparative analysis of judicial procedures, in order to both protect the rights of patients and ensure the professional security of physicians.
کلیدواژهها English