Civil liability of physicians for the violation of the patient treatment contract in Islamic jurisprudence

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Ghafoori Zad Mehdi; Amirian Afsaneh

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Journal: QURAN AND MEDICINE Year:2020 | Volume:5 | Issue:1 Page(s): 32-40

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Information Journal Paper

Title

Civil liability of physicians for the violation of the patient treatment contract in Islamic jurisprudence

Author(s)

Ghafoori Zad Mehdi | Amirian Afsaneh | Issue Writer Certificate

Keywords

civil liabilityQ1

criminal liabilityQ1

executive guaranteeQ1

physician violationsQ1

Abstract

civil liability is one of the most important issues in all occupations. Meanwhile, due to the fact that medical profession is related to the physical and mental condition of individuals from one perspective, and on the other hand, a part of medical obligations has moral aspects and public conscience, the importance of this issue in medical profession is doubled. This issue has not been neglected in the knowledge of jurisprudence and in the basics of Shiite jurisprudence, there are two views regarding the responsibility of the physician with the phrase "doctor's guarantee". Some jurists consider a skilled and knowledgeable physician as a guarantor despite his innocence, but others believe that in this case the doctor is not a guarantor and their reason is based on innocence principle. In this qualitative article, using descriptive-analytical method and with collecting information in the form of libraries and documents, jurisprudential and legal views on civil liability of physicians and guaranteeing the disciplinary, criminal and legal implementation of medical violations will be examined. One of the most important results of this research is that in Islam, the goodwill of the doctor has been mentioned and the doctor intends to cure the patient, and if he makes an unintentional mistake, although he may be morally responsible, he is not responsible for compensation, because the emphasis of the Holy Quran in the words "and we are the best of the best" and "is the retalition of the best anything but the best" is a testimony to the subject of good faith and intention of the doctor. There is a difference of opinion among the jurists regarding the responsibility of the physician, and the Islamic Penal Code has accepted the basis of the physician's guilt, even if this presumption is contrary and can be proven otherwise.

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APA: Copy

Ghafoori Zad, Mehdi, & Amirian, Afsaneh. (2020). Civil liability of physicians for the violation of the patient treatment contract in Islamic jurisprudence. QURAN AND MEDICINE, 5(1 ), 32-40. SID. https://sid.ir/paper/416252/en

Vancouver: Copy

Ghafoori Zad Mehdi, Amirian Afsaneh. Civil liability of physicians for the violation of the patient treatment contract in Islamic jurisprudence. QURAN AND MEDICINE[Internet]. 2020;5(1 ):32-40. Available from: https://sid.ir/paper/416252/en

IEEE: Copy

Mehdi Ghafoori Zad, and Afsaneh Amirian, “Civil liability of physicians for the violation of the patient treatment contract in Islamic jurisprudence,” QURAN AND MEDICINE, vol. 5, no. 1 , pp. 32–40, 2020, [Online]. Available: https://sid.ir/paper/416252/en

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