|
Analyzing Indicators of Physicians non Responsibility in Forensic Precedent
|
Abdoreza Javan Jafai Bojnordi *   1, Alireza Moshirahmadi2 , Mahnaz Asrari3 |
1- Associate Professor Depart ment of Law, Faculty of Law and Political Science, Mashhad ferdowsi University, mashhad, Iran.
2- Ph.D. student of Criminal Law and Criminology, Faculty of Law and Political Science, Mashhad ferdowsi University , mashhad, Iran
3- Master of Criminal Law and Criminology, Ferdowsi University of Mashhad, Mashhad Iran |
|
|
Abstract: (907 Views) |
Background & Aims: Addressing the issue of liability in the field of medical topics that are complex, and functional. In this writing was attempts to consider cases dealing with medical negligence and violations, we try to analyse those faults and violations which give rise to non-responsibility of physicians.
Materials & Methods: This is an functional study descriptive method of analysis which their data are collected through documentary studies.
Findings:In all cases, that an unexpected or undesirable result occur for patient, there could be a case against doctors, but they are not necessary caused by their fault basically, after the opening of such cases obtaining experts opinions is necessary. Forensics is the most important authority in this area. The existing arguments in medical cases show that if the resulted harm can not be attributed to the doctors or the chain of causation is broken, there is no responsibility.
Conclusion:The contemplation of the comment that are recorded in medical malpractice cases reveals that following scientific procedures, nature of disease, lack of causality between physicians maltreatment and patients fault are the most important factors that lead to their authentication. So, first of all, observance of scientific standards and the use of reasonable and diligent efforts can be effective in removing the responsibility of the physician. Based on this criterion, to the extent that the physician is familiar with the science of the day, he has not committed a fault, he has sufficient accuracy in diagnosing the disease, and chooses the appropriate treatment according to the patient's conditions, for his lack of responsibility. In the second place, some factors can be considered as external factors or Cairo, which are beyond the control of the owners of medical matters and they do not interfere with the realization or occurrence. Therefore, if a complication is unpredictable and preventive or corrective, it will be decisive.
|
|
| Keywords: lack of medical responsibility, Interruption of causation, Forensics, Medical Abuse. |
|
|
Full-Text [PDF 338 kb]
(767 Downloads)
|
Type of Study: Research |
Subject:
Special
Received: 2022/07/31 | Accepted: 2022/08/01 | Published: 2022/08/01
|
|
|
|
|
|
|
| Add your comments about this article |
|
|
|
