فهرست مطالب f. piri amirhajiloo

Compensation of patients in case of injury in the treatment process is one of the most critical issues in medical law. Besides compensating some problems, some systems have helped to improve the performance of medical staff, prevent from providing inadequate health care and harm to patients, and ensure the safety of patients. The purpose of this study was to investigate patient compensation systems, which was done by the descriptive-analytical method and by collecting information in the form of a library.

The tort liability system, enterprise liability system, and the no-fault liability system are the most common physician legal liability systems globally. The tort liability system that is currently prevalent in Iran and many other countries has not successfully achieved the goals of compensation and deterrence for reasons such as lengthy litigation, difficulty in proving medical fault, and incomplete compensation for the patient.If the doctor is not at fault in the treatment process, but the patient suffers the damage caused by medical procedures, according to the rule of “la-zarar” in Islamic jurisprudence, the No-fault system can be implemented, and the patient can be guaranteed and compensated. In this regard, medical law, such as labor and family law, can enact laws to protect the patients; because one of the examples of supporting a patient is compensating for the damage done to him if the doctor is not at fault.

Medical error is a common problem in societies, and medical error cases make up many criminal and legal cases. To reduce these errors and increase patient safety, strategies for identifying and managing errors have been adopted, one of which is the transparency and reporting of medical errors. This study aimed to investigate the necessity of disclosure of medical errors and its principles and obstacles.

According to the principle of non-maleficence, autonomy, beneficence, and justice, which are the basic principles of medical ethics, healthcare providers are obliged to report errors to the patient or his/her guardian. However, disclosure of medical errors by the healthcare provider is a rare occurrence, and the fear of prosecution, the fear of losing the respect between colleagues, the lack of recognition among them, etc. are obstacles to the disclosure of medical errors. Creating a right culture and environment for the healthcare provider to be able to disclose medical errors without fear or blame and establishing a system of mandatory reporting on medical errors to have a civil or criminal guarantee for non- disclosure can be an essential step in ensuring the patientchr('39')s rights and safety, improving the performance of health care organizations, and reducing medical errors.