maryam ashrafzadeh farsangi

One of the most important issues that has always been the subject of civil liability is the issue of compensation. When the pillars of responsibility are created, the responsibility is realized and it is obligatory for the physician to compensate for the damage caused by his mistake. The purpose of this study is to review the views on the claim for material damages, to analyze them, so that they can take an effective step towards observing patient's rights and claiming damages caused by medical malpractice. The research method of this research is a library and theoretical type (descriptive-analytical). By studying a large number of jurisprudential books and some medical books in line with the discussion, it was found that the implementation of justice and legal logic necessitates that the determination of the amount of the Diyah be based on the assumption of the minimum damage caused by murder, defeat A human member comes in and does not need to prove, and more than that, the claimant must prove. The results showed that if the physician makes a mistake in his duties, it is established that the result is a compensation, which sometimes appears in the form of a diy payment and sometimes in the form of arsh payment. Damage outside the Diyah debate will also be required, such as reimbursement for treatment costs, in accordance with the principles of civil liability, non-compliance, and the law applicable to compensation.