JURISPRUDENCE AND LEGAL NATURE OF THE TREATMENT (CURE)

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KHANI MOHAMMAD; FAKHARI MOHAMMAD

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Journal Paper

Paper Information

Journal: MEDICAL FIGH QUARTERLY Year:2013 | Volume:4-5 | Issue:13-14 Page(s): 57-89

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Information Journal Paper

Title

JURISPRUDENCE AND LEGAL NATURE OF THE TREATMENT (CURE)

Author(s)

KHANI MOHAMMAD | FAKHARI MOHAMMAD | Issue Writer Certificate

Keywords

CONTRACT MANAGEMENTQ3

MEDICAL CAREQ3

RENTQ3

JALHQ3

INDEFINITE CONTRACTSQ3

RIGHTSQ3

IRANQ3

SHIITE JURISPRUDENCEQ3

Abstract

Medical contracts and its responsibilities are one of the under studied significant discussions in medical law. Special conditions of medical contracts and their requirements are in a way that could not be placed in a specified contracts' framework. Thus, it seems that in the legal perspective, medical contract is a kind of unspecified contract, relying on article of civil law, moreover to general rules of the contracts, including special requirements and commitments of therapeutic contracts, which are binding and effective in accordance with parties' agreement. IRANian legislation have compiled general principals of medical responsibility in thus, doctors' contractual responsibility is one the significant discussions, according to perspective of some of the lawyers, considering general principal of commitment to obligate the doctor to compensate the damages, the doctors' failure should be proved. This perspective is criticized for the type of external factor interference and its influence on the doctors' failure. On the other hand, in treatment contracts, position and role of patient permission and his satisfaction towards the physician acts and guiltlessness of the physician of the possible damages and other conditions and contracts about responsibility could be studied. These agreements and mutual consent have an important role in shirking of the physician and his guiltlessness of guarantee and sometimes replacement of proof load and establishing of medical failure and changing of objective responsibility to failure responsibility are necessary. Thus, in the present study, it is tried to evaluate the contracts nature, explanation and their acceptance and dominance, according to legal and jural basis.

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APA: Copy

KHANI, MOHAMMAD, & FAKHARI, MOHAMMAD. (2013). JURISPRUDENCE AND LEGAL NATURE OF THE TREATMENT (CURE). MEDICAL FIGH QUARTERLY, 4-5(13-14), 57-89. SID. https://sid.ir/paper/195130/en

Vancouver: Copy

KHANI MOHAMMAD, FAKHARI MOHAMMAD. JURISPRUDENCE AND LEGAL NATURE OF THE TREATMENT (CURE). MEDICAL FIGH QUARTERLY[Internet]. 2013;4-5(13-14):57-89. Available from: https://sid.ir/paper/195130/en

IEEE: Copy

MOHAMMAD KHANI, and MOHAMMAD FAKHARI, “JURISPRUDENCE AND LEGAL NATURE OF THE TREATMENT (CURE),” MEDICAL FIGH QUARTERLY, vol. 4-5, no. 13-14, pp. 57–89, 2013, [Online]. Available: https://sid.ir/paper/195130/en

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