Legal Requirements for Physician's Exemption from Liability for Medical Malpractice

Although medical cure diseases is one of the necessities of social life, the legislator has in some cases considered the physician to be responsible for damages that occur to the patient during treatment. In order to facilitate treating and to prevent being liability a barrier to treatment, the legislator has considered the conditions in which the physician is not liable for damages resulting from treatment. Some treatments, although necessary for the patient, are considered maltreatment by the physician in failing to comply with technical or legal requirements, and may result in patient hurt. In Iranian law, the physician, in accordance with general rules of responsibility, is liable to compensate the patient for damages if she fails to receive proper treatment. However there are situations where the physician is not responsible even she does not adhere to the rules or standards for treatment and even she has malpractice. The purpose of this study is to examine the legal requirements for physician's exemption from liability for medical malpractice. According to its results, the physician is not responsible if the practice was legitimate, there was consent for treatment, lack of fault and obtaining an acquittal.