Volume 5, Issue 3 (2020)                   2020, 5(3): 94-101 | Back to browse issues page

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Tafghodi Zare S, Sadeghi M, Mazlum Rahni A. A Comparative Study of Risk Countering Theory in Iranian Medical Law and British Law. Quran and Medicine 2020; 5 (3) :94-101
URL: http://quranmed.com/article-1-474-en.html
1- Phd student, Department of private law,Qeshm Branch,Islamic Azad University, Qeshm, Iran
2- 2. Assistant professor, Department of private law, Qeshm Branch, Islamic Azad University, Qeshm, Iran. / Assistant professor, Department of law, University of Hormozgan, Bandar Abass, Iran (Corresponding Author). , mrs4272@yahoo.com
3- 3. Assistant professor, Department of private law,Qeshm Branch,Islamic azad university, Qeshm, Iran. / Assistant professor, Department of law, Faculty of Humanities, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.
Abstract:   (1331 Views)
Physician's liability in the Iranian legal system Medical liability is the physician's responsibility for the damages and the spiritual and spiritual language that he inflicts on the patient, and these damages are due to the performance of medical duties. Accepting the counter-risk introduces the idea that if a person implicitly or explicitly accepts the risk of harm from another, he or she cannot claim damages from the perpetrator for the loss. For this reason, in this study, the main difference between risk acceptance and the rule of fault of the injured party (or participatory error in English law) is shown that Muscat is a guarantee and as a cause of the causal relationship between the injured party and the act. The reader leaves a mark. Among the various principles of physicians' responsibility, in a more or less complex process, full of ups and downs Medicine, the theory of danger is closer to the justice and social interest of the target community, according to the theory of risk or responsibility without error If there is any damage, the doctor has committed a mistake and error unless it is proven that no negligence has occurred. In this case, the physician's commitment to the patient is a kind of commitment to the result, because if the patient does not recover or complications occur, it is assumed that the physician has not performed his duty properly.
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Type of Study: Research | Subject: Special
Received: 2020/09/5 | Accepted: 2020/11/25 | Published: 2020/12/20

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