جستجوی مقالات مرتبط با کلیدواژه « fault » در نشریات گروه « پزشکی »

Since the rules and conditions of the criminal and civil responsibility of the doctor in the current laws of Iran are collected in a unified law, i.e. the Islamic Penal Code approved in 2012, in some writings, the aforementioned rules are mixed. Despite this, the said rulings are independent of each other and there is no connection between them. Therefore, the necessity and importance of the present research is evident. This research, especially emphasizing the common nature of the institution of dowry, confirms the fact that most of the rulings of dowry follow the rules of civil liability.

The present research was compiled with the qualitative research method and content analysis and by collecting information from library sources and referring to laws and legal articles.

The results of the research indicate that the Islamic Penal Code approved in 2013 is in harmony with the legal principles and jurisprudence foundations in the position of separating the boundaries of two types of civil and criminal responsibility of the doctor towards the patients: separating the nature and effects of the patient’s consent from the condition of the doctor’s acquittal. And paying attention to the difference in the concept of fault in criminal and civil law is one of the strengths of the law.

By criticizing and analyzing the legal thoughts about the legal responsibility of doctors, it seems that some of the rules of the civil liability of doctors have been mixed with the punishments. In addition, the provisions of the law are flawed and ambiguous in some cases: it is objectionable to apply imprisonment in the case of the patient’s death due to medical malpractice, if the doctor’s malice or the commission of a criminal offense is not evident. Therefore, the application of Article 616 of the Penal Law approved in 2006 is excluded from cases of civil fault and in these cases only the guarantee of ransom is established. In addition, the defects and ambiguity related to the determination of illegitimate medical practices can be resolved by passing special laws.

Contextual factors comprise physical, mental or belief-based characteristics that are apparent in a person inherently, hereditarily or temporarily, such as old age, disability, illness, etc.; these factors, along with external factors, might play a role or accelerate in commission of felony. These factors have not been included under the rules relating the multiplicity of causes, which the Islamic Penal Code (2012) illustrates. This ambiguity has led the courts to allocate a part of the result to the victim in accumulation of contextual factors and negligence/recklessness of the perpetrator according to the expertise comments of medical commissions and medical boards. In common law, according to the Thin Skull Rule, which provides the offender must take his victim as he find him, no impact shall be considered for the contextual factors in the chain of causation. Therefore, the perpetrator shall be held responsible for his acts. Even though in intentional murder/battery the contextual factors have no effect, the challenge arises in manslaughter or unintentional battery. According to Paragraph (c) of the Article 290, Islamic Penal Code and thereof Note 2, if the perpetrator, knowing and paying attention to the status of the victim, commits an action that typically leads to death or bodily harm, the felony is intentional. Otherwise, if the conduct occurs unaware, negligently or recklessly and a contextual factor intensifies or accelerates the result, the perpetrator is fully responsible. In case of overlap of contextual factors and external causes, if causal connection between the behavior and the result is established, the result will be fully assigned to the perpetrator if he acts negligently/recklessly. Apportioning a share of the result to contextual factors holds no legal basis. Clearly, if the harmful result has been caused by some contextual or usual and predictable factors, the perpetrator, even being faultful, will not be held responsible due to the lack of causation.

Occupational accidents are one of the most important risk factors for developing countries. In addition to designing preventive measures to prevent accidents, comprehensive research of accidents is considered as an undeniable necessity to reduce the risk of accidents. Thus, the first step is to find the root causes of their occurrence, which will certainly be possible with the use of appropriate techniques.

In this study, first, the appropriate criteria for designing the accident analysis method were collected. In the second step, commonly used techniques were collected through known databases. In the third step, the collected techniques were scaled based on the selected criteria using the TOPSIS method, and ultimately, the new method (FAM) was developed. Finally, by analyzing three different accidents with the developed technique and four other common techniques, as well as using the ANP method, the developed technique was tested and confirmed.

Based on the studies conducted to identify appropriate criteria for comparing accident analysis techniques, finally 6 criteria were selected for to be used in the study process. According to the findings, the FAM method with a normal final weight of 0.2684 was considered the priority in occupational accident analysis.

The output of this study was the introduction of the FAM technique. Using the strengths of the four techniques and covering their weaknesses, this technique can help identify and determine the causes of accidents graphically, systematically, and by minimizing the work attitude of analysts at three levels.

One of the important topics and disciplines that have been made in recent years in terms of scientific advances in the field of medicine is the issue of medical fertility. The feeling of need for changes and changes in the environment and lifestyle and thousands of other factors have caused discussion about this issue, which sometimes has unfortunate consequences. The expansion of this field and the problems that intentionally or unintentionally put people's lives, property, and sometimes even their reputations at risk in the shadow of these new technologies, necessitates discussion and research in medical law and the subsequent responsibility of doctors in this field. The purpose of this research is to investigate the civil responsibility of the doctor in the field of errors caused by medical fertility. The present article has been done using analytical-descriptive and library method. According to the investigations carried out, it is found that in Imami jurisprudence, there are two main theories regarding the doctor's responsibility under the title "Doctor's guarantee". The famous theory that gives the pure guarantee of the doctor and the unpopular theory that does not consider the doctor as a guarantor unless he is at fault.

The contract has long been mentioned as an effective tool in the exchange of goods and the use of services, but today, with the increasing growth of international trade, the process of preliminary negotiations and negotiations in the pre-contractual stage has become inevitable, so that it is referred to as one of the stages of concluding a contract.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

During this period, the principle of contractual freedom requires that it be possible for either party to withdraw from the negotiations. However, if leaving the negotiations or violating the pre-contractual obligations is contrary to good faith and the principle of integrity and causes damage to one of the parties, the fulfillment of pre-contractual liability is required.

There is no independent issue in Iranian law called pre-contractual liability. In Iranian law, various assumptions should be considered: The first is the assumption that the requirement is binding and implies a kind of commitment to maintain it for a certain period of time and second, the assumption that the requirement is simple and non-binding, in which case recourse to the requirement will not initially entail pre-contractual liability.

 Sports accidents during sports operations constitute a major part of sports-related damages and in this respect, explaining the rules of civil liability and identifying the responsible parties for the accident in order to support the victims and compensate for the damages is very important. In this article, the basics of civil liability caused by sports accidents during sports operations were discussed.

 This research is a theoretical research in terms of type and also it has been carried out in a descriptive-analytical way using the method of legal discussion (logical-argumentative).

Ethical Considerations: 

In the present research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.

 The results of the investigation showed that the direct responsibility of athletes and other perpetrators of harmful acts during sports operations are basically based on fault and the detection of fault is also based on the rules of each field and regulations, contracts, domestic and international standards and professional custom. However, in cases such as responsibility caused by another act in sports accidents, due to the controlling and supervisory position of individuals (managers, coaches and sports officials), the basis of liability is the assumption of fault; in such a way that a person must prove compliance with all aspects of caution and legal duties to be acquitted of responsibility.

 In general, it is not possible to determine an absolute basis for civil liability arising from sports accidents, because different components such as the nature of sports practice, the position of a person in sports operations and the contractual or non-contractual basis of responsibility, can be effective in the analysis of the basis of responsibility and especially the task of proving fault or non-fault.

The wide range of medical equipment and its widespread use, on the one hand, and the growing trend of injury to patients, on the other, redouble the need for research on the responsibility of physicians and medical staff. The present article has been written with the aim of analyzing the Islamic Penal Code on the responsibility of medical staff in the field of medical equipment and showing its challenges in this field.

Leading research has been compiled by descriptive-analytical method and by collecting information in the form of a library and referring to laws and legal articles.

Ethical Considerations:

 In all stages of writing this article, while respecting the rights of others, honesty and trustworthiness have also been observed.

The findings indicate that in Article 319 of the Islamic Penal Code adopted in 1991, the principle was the absolute responsibility of the medical staff However, Article 495 of the Islamic Penal Code adopted in 1392 provides for liability based on fault, which will create problems for proving the fault of medical staff in prescribing and using medical equipment for patients.

Analysis and evaluation of the new Islamic Penal Code shows that although our legislator has approved articles on the responsibility of medical staff, but in practice with serious challenges, including guaranteeing the responsibility of the patient and the nurse deprived of specialized medical courses Facing and ignoring other medical-related words. Also, in accordance with the laws and regulations of the United Kingdom and the United States regarding medical equipment, the patient's right to information should be taken into account when drafting laws.

Doctor civil liability one of the most important and controversial issues in the field of civil liability has always been. This article to address the important issue of how a doctor's civil liability arises from an emergency tries.

This article is Analytical descriptive and uses the library method.

Ethical Considerations:

 In this article, originality of texts, honesty and trusteeship has been complied with.

Doctor civil liability in emergency situations is subject to fault theory. This means that if he harms the patient by observing scientific points, he is not responsible and if the damage occurs in accordance with medical principles, the doctor's civil liability will be revoked. In urgent and urgent cases, it is not necessary to obtain the patient's consent and innocence and if the doctor in case of emergency does not obtain the consent of the patient or his guardian, he is not a guarantor.

The legislator has considered innocence as one of the necessary conditions to absolve a doctor of responsibility, but in cases such as urgency, this general principle is ignored. If the patient's condition is such that it requires urgent treatment, while he is unable to give consent and there is not enough time, the doctor is in a state of emergency. Therefore, according to the jurists, this is not urgency, but a function of the rule of the rule of benevolence and it has no responsibility.

Due to the expansion of the duties of the medical profession, the resulting responsibilities, both civil and criminal, have taken on different dimensions. This study aimed to investigate the civil liability of non-physician staff towards patients from the perspective of comparative law.

 In this study, Law articles about internal and foreign laws in the information databases of the judiciary and reputable information sources such as Google scholar, Scopus, SID, Web of Science during 2010 to 2021 (for English articles) and 1390 to 1400 (for Persian articles) were searched. Boolean operators of or and were used along with the relevant keywords in the article search.

 In this descriptive-analytical review study conducted in 1400, the keywords "medical staff", "physician", "patient", "comparative law", "civil liability" were searched in valid databases. A total of 250 articles and 5 e-books were retrieved. After applying the inclusion and exclusion criteria (year of authorship, relevance, access to article texts and non-duplication), 23 articles and 3 e-books were studied and reviewed. Finally, the general rules of civil liability of medical staff were extracted.

In the Iranian legal system, the civil liability of medical staff is based on fault with the effects of compensation. American and British jurists have accepted civil liability in the form of coercive guarantees. But French law, in addition to this liability for fault, also accepted liability without fault, which resulted from a harmful act.

The main purpose of civil liability is to compensate the damage in full and try to put the victim in a position before the damage occurs. Therefore, the first method of compensation is objective compensation. The second method is to give a parable if possible, and in the last step, to give a loss of cash.

The municipality, as a public non-governmental legal entity, in order to perform its legal duties and services and provide services to citizens, may cause damages that the rules and rules of establishing civil liability are shared with other natural or legal persons. But what is the subject of this article is the study of the legal basis for holding the municipality responsible for failure to perform duties and tasks (omission) that the law imposes on the municipality and the extent of its responsibility and how to compensate as a public non-governmental organization.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Although Article 11 of the Civil Liability Law stipulates the conditions for fulfilling the responsibilities of municipal employees and their affiliated institutions and the extent of their guarantees, the main concern is to determine how and to what extent municipal responsibilities arise from leaving duties and responsibilities. Which causes damage to persons intentionally or accidentally.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Regarding damages resulting from the exercise of sovereignty, if there are two conditions, public law entities will be exempt from compensation and payment of damages. The first is that public law persons should be in a position to exercise sovereignty, and the second is that the act should be performed as necessary and in accordance with the law to ensure social benefits.

In the Iranian legal system, violation of medical regulations is considered a crime in some cases and criminal liability for the physician, and in other cases, it has led to the doctor's civil liability. With this in mind, the purpose of this study is to analyze the nature of medical contracts, their scope, principles and effects.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The findings of the present study show that medical contracts have not been identified and mentioned as an independent title in jurisprudential and legal sources; As a result, these contracts should be considered as one of the examples of private agreements of individuals. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Because proving a physician's contractual liability requires proving guilt, a physician's obligation in the form of a medical contract is an instrumental obligation. In addition, in these contracts, the position and role of the patient's consent to the physician's actions and the condition of the physician's innocence from the possible losses resulting from the treatment are important. The element of consent and compromise of the parties to the medical contract plays an important role in relieving the physician of his responsibility and his exemption from warranty and even moving the load.

Physician's liability in the Iranian legal system Medical liability is the physician's responsibility for the damages and the spiritual and spiritual language that he inflicts on the patient, and these damages are due to the performance of medical duties. Accepting the counter-risk introduces the idea that if a person implicitly or explicitly accepts the risk of harm from another, he or she cannot claim damages from the perpetrator for the loss. For this reason, in this study, the main difference between risk acceptance and the rule of fault of the injured party (or participatory error in English law) is shown that Muscat is a guarantee and as a cause of the causal relationship between the injured party and the act. The reader leaves a mark. Among the various principles of physicians' responsibility, in a more or less complex process, full of ups and downs Medicine, the theory of danger is closer to the justice and social interest of the target community, according to the theory of risk or responsibility without error If there is any damage, the doctor has committed a mistake and error unless it is proven that no negligence has occurred. In this case, the physician's commitment to the patient is a kind of commitment to the result, because if the patient does not recover or complications occur, it is assumed that the physician has not performed his duty properly

The emerging and pervasive disease of COVID 19 (coronavirus disease), which has gone from an epidemic to a global pandemic, has created many challenges for the international community. Since this disease has certain characteristics such as the unknown and complexity of its origin, high extent and speed of its spread and transmission, high mutability, lack of definitive treatment so far for it, existence of incubation period and latency of the disease and many other features, it requires a comprehensive study and development of a comprehensive plan in all dimensions to be controlled and managed. Due to the high rate of transmission of this disease and lack of care by carriers and patients, COVID-19 has increased exponentially, and on the other hand, the long duration of the disease has caused people to neglect following health protocols, which itself causes other people to get sick. And while imposing a legal and moral burden in non-compliance with the rights of society, it threatens people’s security, physical and mental health. On the other hand, one of the goals of the jurisprudential rules and customary laws is to protect the life and health of individuals. The requirements and guarantees of the supervision of care and prevention against COVID-19 and the responsibility imposed on people who do not comply with health protocols will be the subject of this article. Accordingly, people who do not consider the minimum health standards against this virus have a responsibility if they are carriers, and if negligence or fault and attribution of harm or damage to other people is confirmed, they should be able to compensate the damage while being punished. There will also punishments if people are aware of being a carrier.

One of the most important issues in medical law is the issue of physician responsibility. The aim of this study was to investigate the relationship between belief in each of the physician's responsibilities towards the patient and responsibility. The research method is library and descriptive-correlation. An examination of various sources shows that there are four perspectives on the physician's responsibility to the patient. The results show that there is a positive correlation between the components of responsibility and physician responsibility perspectives, which are significant at the level of 0.01. Findings indicate that views 1 and 3 are more correlated with physicians' responsibility than other views. The degree of correlation between the dimensions of responsibility with the views that consider more responsibility for physicians is greater.

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.

One of the most challenging troubles for many of working groups, especially medicine personnel is sentence that asserts in article 616. The most important criminal outcome of the murder due to fault that essentially is called the quasi-intentional murder is imprisonment mentioned in above Article.According this article, if the fault of a person causes the death of another person, one of the punishments is prison that has listed at the top of the article. Involuntary manslaughter due to fault of guilty has from one to three years imprisonment. In other words legislature has considered from one to three years imprisonment for killing due to fault of guilty. In the Islamic Penal Code adopted in 1991, According to article 22, If there are ways to mitigate, Judges were empowered/allowed to relieve penalties or convert to another punishments and in a great number of cases prison sentences were converted into fines. But according to fundamental reforms in the latest Islamic Penal Code (2013), especially regulations of convert and discount that were based on grading system, It seems sentence of Article 616, can not easily be converted into fines. Despite the changes were done and facing obstacles, there are still some strategies for overcoming the recent challenges. In this paper, we have studied legal ways of conversion, reduction or suspension of sentence under Article 616.