Civil and criminal liability of the physician towards the patient in Iranian and French law

Subject Areas : International Legal Research

seyede lona mohamadi ¹ , pariya karamzadeh ²

1 - M.Sc. Payame Noor University, Malayer Branch, Malayer, Iran.
2 - Law Department, Afagh Higher Education Institute, Urmia, Iran (Corresponding Author)

Received: 2021-10-11 Accepted : 2022-01-13 Published : 2020-11-21

Keywords: Criminal Liability, fault, compensation, Civil liability, medical error,

Abstract :

Background and Aim: Physicians' liability for medical malpractice is one of the oldest issues in medical law, which is accepted as a principle, the patient has the right to seek redress from a physician under a contract or crime. Over the years, the French legal system has regarded the relationship between the patient and the physician as a contractual relationship under which the physician will be liable in the event of a fault on his part.Methodology: The present research has been done by descriptive-analytical method through library studies and in the form of taking notes.Findings: Although the Iranian legislator, following the famous saying of the jurists, considered the doctor's commitment as a commitment to the result, this is contrary to the goal of medical science and patient treatment and justice, and the doctor should have a fault-based responsibility to avoid any fear. , Make every effort to treat the patient. Accordingly, the new Islamic Penal Code, like the French regulations, considered the doctor's liability to be based on fault.Conclusion: By comparing the physician's responsibility in the Iranian and French legal systems and what we found from the research findings, the French law provisions addressed the issue of treatment and the patient-physician relationship much more broadly, while only blaming the physician. , The officials know that they tried in various ways to support the patient by establishing an insurance system and prompt treatment outside the framework of the judicial system.