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2019, 4(2): 1-8 Back to browse issues page
Position of Medical Negligence in the Light of Tort Rights
M. Golpayegani1, N. Mehra 2, M. Mahdavi Sabet3, A. Saffari4
1- Criminal law & Criminology Department, Law, Theology & Political Science Faculty, Science & Research Branch, Islamic Azad University, Tehran, Iran
2- Criminal law & Criminology Department, Law Faculty, Shahid Beheshti University, Tehran, Iran , docnac@mail.com
3- Criminal Law & Criminology Department, Law, Theology & Political Science Faculty, Science & Research Branch, Islamic Azad University, Tehran, Iran
4- Criminal law & criminologyDepartment, Law Faculty, Shahid Beheshti University, Tehran, Iran
Abstract:   (176 Views)
Introduction: With the advances in medical science, the world of law has also evolved. Because each medical achievement creates its issues, in which the law must also provide legal solutions to the newly created problems. Therefore, integrating the science of law with the medical sciences is necessary and inevitable. Tort law, as one of the legal strategy for dealing with medical negligence and malpractice, provided the rights for patients. The aim of the present study was to investigate the position of medical negligence in the light of tort rights
Conclusion: In order to recognize a physician as responsible for medical negligence, it is necessary to prove three elements. First, a physician must have a legal obligation to patient care. Secondly, a physician must violate the legal obligation of care of the patient and the last element is the causal relationship between the violation of an obligation by a physician and the injury to the patient. The important matter about these elements is that the patient has to prove all three elements, otherwise, the physician will not be responsible for the negligence. Therefore, if the physician has performed the patient's treatment process in accordance with the medical principles and required skills and the patient is unable to prove the negligence of the physician, then the physician will not be responsible for the negligence and harm to the patient may be due to the patient's fault and negligence. It is known as collaborative negligence in tort law.
Keywords: Tort Law, Negligence, Physician, Compensation, Responsibility
Full-Text [PDF 343 kb]   (28 Downloads)    
Type of Study: Research | Subject: General
Received: 2018/09/27 | Accepted: 2019/01/5 | Published: 2019/06/20
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Golpayegani M, Mehra N, Mahdavi Sabet M, Saffari A. Position of Medical Negligence in the Light of Tort Rights. Quran and Medicine. 2019; 4 (2) :1-8
URL: http://quranmed.com/article-1-253-en.html


Volume 4, Issue 2 (2019) Back to browse issues page
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