Rethinking the Concept of Damages in Cases of Medical Malpractice in the Light of Judicial Procedure UK Courts

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Khajezadeh Amir

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: MEDICAL LAW Year:2020 | Volume:14 | Issue:Special Issue on Human Rights and Citizenship Rights Page(s): 365-373

Download Full-Text

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion

View:

330

Download:

Cites:

Information Journal Paper

Title

Rethinking the Concept of Damages in Cases of Medical Malpractice in the Light of Judicial Procedure UK Courts

Author(s)

Khajezadeh Amir | Issue Writer Certificate

Keywords

DamagesQ2

Medical MalpracticeQ2

Judicial ProcedureQ2

UK CourtsQ1

Abstract

Background and Aim: Medicine is one of the oldest professions in human history and is of special importance due to its close connection with the death and life of human beings. To the extent that medicine has been considered by ancient civilizations and due to its sensitivity, laws and regulations have been enacted in this field. Since the doctor deals with the body and soul of people, despite his mastery of his treatments, he may not have the desired results and may even cause harm. Materials and Methods: The method of conducting research is analytical-descriptive and this concept has been studied using the legal cases in the British jurisprudence. Findings: In the English legal system, Judicial Procedure and court rulings are the most important source of a physician's commitment to treat and rescue patients; In the UK, if a doctor commits to a particular outcome, "the courts will look into the matter without regard to the commitment guaranteed by him. " Has he done the desired and sufficient effort and skill that a normal person is a member of the same group and with the same amount of expertise or not? And the defendant (physician, etc. ) if he cannot prove the usual care, is considered a violator of his care duty, which is in fact a kind of criterion that accuses the doctor of negligence. Conclusion: In the United Kingdom, courts, in the interests of society, sometimes hold individuals responsible for Damages resulting from their actions, regardless of whether they have committed a crime or not. To realize the concept of Damages in cases of Medical Malpractice in the UK, a number of elements are listed that include three basic and important elements: 1-Medical error or the presence of a harmful act; 2-Injury to the patient, the patient must prove that the physician caused the damage by violating his legal or contractual duty (negligence); 3-The causal relationship between the breach of the covenant (harmful act) and the harm inflicted on the patient (ie there must be a customary causation between the harmful act of the physician and the harm inflicted on the patient.

Cites

No record.

References

No record.

Cite

APA: Copy

Khajezadeh, Amir. (2020). Rethinking the Concept of Damages in Cases of Medical Malpractice in the Light of Judicial Procedure UK Courts. MEDICAL LAW, 14(Special Issue on Human Rights and Citizenship Rights ), 365-373. SID. https://sid.ir/paper/374208/en

Vancouver: Copy

Khajezadeh Amir. Rethinking the Concept of Damages in Cases of Medical Malpractice in the Light of Judicial Procedure UK Courts. MEDICAL LAW[Internet]. 2020;14(Special Issue on Human Rights and Citizenship Rights ):365-373. Available from: https://sid.ir/paper/374208/en

IEEE: Copy

Amir Khajezadeh, “Rethinking the Concept of Damages in Cases of Medical Malpractice in the Light of Judicial Procedure UK Courts,” MEDICAL LAW, vol. 14, no. Special Issue on Human Rights and Citizenship Rights , pp. 365–373, 2020, [Online]. Available: https://sid.ir/paper/374208/en

Related Journal Papers