PHYSICIAN'S LIABILITY AND PRESUMPTION OF INNOCENCE BASED ON SHIITE JURISTS’ OPINIONS: A REVIEW STUDY

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SALEHI SEYYED MAHDI; FARAMARZI RAZINI FATEMEH; GHASEMZADEH NAZAFARIN

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Journal: Iranian Journal of Medical Ethics and History of Medicine Year:2013 | Volume:6 | Issue:3 Page(s): 17-29

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Title

PHYSICIAN'S LIABILITY AND PRESUMPTION OF INNOCENCE BASED ON SHIITE JURISTS’ OPINIONS: A REVIEW STUDY

Author(s)

SALEHI SEYYED MAHDI | FARAMARZI RAZINI FATEMEH | GHASEMZADEH NAZAFARIN | Issue Writer Certificate

Keywords

PRESUMPTION OF INNOCENCEQ3

ISLAMIC JURISPRUDENCEQ3

SHIITEQ3

PHYSICIAN RESPONSIBILITYQ3

Abstract

PRESUMPTION OF INNOCENCE is one of the fundamental principles of criminal law that has its roots in moral and religious principles. PRESUMPTION OF INNOCENCE is consistent with human nature, and special attention has been paid to it in Islam. For this reason it has been included in our constitutional law as well as in the constitutions and ordinary laws of other nations, and this indicates its significance. In SHIITE jurisprudence there are two major theories on the responsibility of physicians as “daman al- tabib”. Most jurists (famous) consider the physician responsible even if he or she has committed no fault. Only a minority of jurists (lessknown) consider the physician to have no responsibility. Islamic criminal law believes the physician to have absolute liability, although medical practices have become more sensitive than in the past and medical incidents have increased as a result of new technology and new methods of treatment. The present study intends to adopt a new approach to rules and principles of jurisprudence, and study the necessity of using them according to the requirements of time in solving everyday problems. Moreover, the study seeks ways to prevent the regression of those rules. Therefore, it seems essential that the golden principle of PRESUMPTION OF INNOCENCE be applied to physicians as the manifestation of God's healing, and more attention be paid to it.

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APA: Copy

SALEHI, SEYYED MAHDI, FARAMARZI RAZINI, FATEMEH, & GHASEMZADEH, NAZAFARIN. (2013). PHYSICIAN'S LIABILITY AND PRESUMPTION OF INNOCENCE BASED ON SHIITE JURISTS’ OPINIONS: A REVIEW STUDY. JOURNAL OF MEDICAL ETHICS AND HISTORY OF MEDICINE, 6(3), 17-29. SID. https://sid.ir/paper/135409/en

Vancouver: Copy

SALEHI SEYYED MAHDI, FARAMARZI RAZINI FATEMEH, GHASEMZADEH NAZAFARIN. PHYSICIAN'S LIABILITY AND PRESUMPTION OF INNOCENCE BASED ON SHIITE JURISTS’ OPINIONS: A REVIEW STUDY. JOURNAL OF MEDICAL ETHICS AND HISTORY OF MEDICINE[Internet]. 2013;6(3):17-29. Available from: https://sid.ir/paper/135409/en

IEEE: Copy

SEYYED MAHDI SALEHI, FATEMEH FARAMARZI RAZINI, and NAZAFARIN GHASEMZADEH, “PHYSICIAN'S LIABILITY AND PRESUMPTION OF INNOCENCE BASED ON SHIITE JURISTS’ OPINIONS: A REVIEW STUDY,” JOURNAL OF MEDICAL ETHICS AND HISTORY OF MEDICINE, vol. 6, no. 3, pp. 17–29, 2013, [Online]. Available: https://sid.ir/paper/135409/en

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