ELIMINATING THE PATIENT'S CURE & LIFE OPPORTUNITYORCREATING UNDUE & ALREADY OCCURRED RISK (COMPARATIVE STUDY INISLAMIC JURISPRUDENCE, IRANIAN AND FRENCH LAW)

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SALEHI HAMID REZA; ABBASI MAHMOUD

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Journal: MEDICAL LAW Year:2012 | Volume:6 | Issue:20 Page(s): 11-42

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Title

ELIMINATING THE PATIENT'S CURE & LIFE OPPORTUNITYORCREATING UNDUE & ALREADY OCCURRED RISK (COMPARATIVE STUDY INISLAMIC JURISPRUDENCE, IRANIAN AND FRENCH LAW)

Author(s)

SALEHI HAMID REZA | ABBASI MAHMOUD | Issue Writer Certificate

Keywords

CIVIL LIABILITYQ3

LOSS OF OPPORTUNITIES OF AMELIORATIONQ4

COMPENSATIONQ2

PHYSICIANSQ4

PATIENTQ3

Abstract

In this study, scrutinizing the nature and basis of CIVIL LIABILITY of PHYSICIANS revealed that although jurists have not discussed and reviewed the notion of loss of opportunity to improve or cure the PATIENT explicitly, this is clearly inferred from their utterance about the concept of damage and their prediction about common criteria for measuring the damage. Considering that nowadays, the custom of society considers such opportunities as worthy, thus, losing them is considered as a kind of damage, so, according to Islam, in such cases, the PHYSICIANS who cause the loss of opportunity to improve eorcure their PATIENTs will be responsible. And this responsibility is different from the ultimate responsibility- i.e. death, disability, exacerbation of disease & etc-, in nature. This theory is widely applicable in medical law in some Islamic countries, common law legal system and especially in French law and many sentences have been issued based on it, so that it is one of the controversialissuesofCIVIL LIABILITY in causation & being obvious damage. In Iran law this theory is seemed to be executable in civilli abilityof PHYSICIANS, regardless of whether it is missedopportunitiesor creating undue & already occurred risk, however, it is not opposite to the general principles of legal and religious precepts.

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APA: Copy

SALEHI, HAMID REZA, & ABBASI, MAHMOUD. (2012). ELIMINATING THE PATIENT'S CURE & LIFE OPPORTUNITYORCREATING UNDUE & ALREADY OCCURRED RISK (COMPARATIVE STUDY INISLAMIC JURISPRUDENCE, IRANIAN AND FRENCH LAW). MEDICAL LAW, 6(20), 11-42. SID. https://sid.ir/paper/195392/en

Vancouver: Copy

SALEHI HAMID REZA, ABBASI MAHMOUD. ELIMINATING THE PATIENT'S CURE & LIFE OPPORTUNITYORCREATING UNDUE & ALREADY OCCURRED RISK (COMPARATIVE STUDY INISLAMIC JURISPRUDENCE, IRANIAN AND FRENCH LAW). MEDICAL LAW[Internet]. 2012;6(20):11-42. Available from: https://sid.ir/paper/195392/en

IEEE: Copy

HAMID REZA SALEHI, and MAHMOUD ABBASI, “ELIMINATING THE PATIENT'S CURE & LIFE OPPORTUNITYORCREATING UNDUE & ALREADY OCCURRED RISK (COMPARATIVE STUDY INISLAMIC JURISPRUDENCE, IRANIAN AND FRENCH LAW),” MEDICAL LAW, vol. 6, no. 20, pp. 11–42, 2012, [Online]. Available: https://sid.ir/paper/195392/en

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