The Effect of Reversion of the Patient's Prior Permission on the Assumption of Proving and Denying the Doctor's Responsibility

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Kian Mehr Mahdi; Sayyah Rahim; Hosseini Sayyid Hesamodin

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Journal Paper

Paper Information

Journal: FIQH Year:2021 | Volume:28 | Issue:3 (107) Page(s): 66-93

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Information Journal Paper

Title

The Effect of Reversion of the Patient's Prior Permission on the Assumption of Proving and Denying the Doctor's Responsibility

Author(s)

Kian Mehr Mahdi | Sayyah Rahim | Hosseini Sayyid Hesamodin | Issue Writer Certificate

Keywords

Reversion of previous clearance seizures

reversion of the prior permission

in the sentence of usurpation

usurpation

Abstract

"Reversion of the patient's prior permission" is one of the important issues in medical jurisprudence, which unfortunately has not had its proper place in jurisprudential studies and today has created a gap in the relationship between patients and doctors. With the assumption of proving or denying the doctor's responsibility, by not refusing treatment during the patient's reversion of the prior permission, and by examining Article 308 of Iranian Penal Code, considering ownership as human domination over the organs of the body and taking possession of the patient's property (body) through dominance of the doctor in treatment, the responsibility of the doctor will be clarified. This viewpoint, although seems strong, but it cannot be correct. Doctors have considered the reasons for avoiding self-harm and the prohibition of suggestion of death, the principle of Dar' and the doctor's moral responsibility for avoidance of reversion of the patient after the initial permission. In contrast, patients believe in the situational and obligatory responsibility of the doctor by arguing for self-domination, corruption of permission in case of patient reversion, and Istishab (an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity). The researcher seeks to resolve the conflicts by compensating for patient's damage by the government, through using a descriptive-analytical method and accepting the responsibility of physicians in case of non-refusal of treatment despite the reversion of the patient's prior permission in unnecessary cases and believing in nonreversion of the patient's treatment permission.

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APA: Copy

Kian Mehr, Mahdi, Sayyah, Rahim, & Hosseini, Sayyid Hesamodin. (2021). The Effect of Reversion of the Patient's Prior Permission on the Assumption of Proving and Denying the Doctor's Responsibility. FIQH, 28(3 (107) ), 66-93. SID. https://sid.ir/paper/950573/en

Vancouver: Copy

Kian Mehr Mahdi, Sayyah Rahim, Hosseini Sayyid Hesamodin. The Effect of Reversion of the Patient's Prior Permission on the Assumption of Proving and Denying the Doctor's Responsibility. FIQH[Internet]. 2021;28(3 (107) ):66-93. Available from: https://sid.ir/paper/950573/en

IEEE: Copy

Mahdi Kian Mehr, Rahim Sayyah, and Sayyid Hesamodin Hosseini, “The Effect of Reversion of the Patient's Prior Permission on the Assumption of Proving and Denying the Doctor's Responsibility,” FIQH, vol. 28, no. 3 (107) , pp. 66–93, 2021, [Online]. Available: https://sid.ir/paper/950573/en

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