| Summary: | The new Islamic Penal Code of 1392, on the one hand delimitate the liability
of physicians, but on the other hand, it contains new provisions for protecting
patients.The new Code sets aside liability based on the theory of lack of fault of
physicians, which is the common word of Imamiyeh jurists and was adopted in
the 1370 Code. Instead, the new Code adopts the theory of presumed liability. In
addition, to give more protection to physicians, obtaining patient`s consent
exempts physicians from liability. Moreover, the new Code indicates that if
patient or nurse is aware of the error of medical order, physicians have no
liability. A further change is the affirmation of bona fide as a means of discharge
of civil liability. As it was stated, the new Code has provisions in order to protect
patients. Also, it gradate physicians and make them updated in accordance with
the latest developments of medical sciences. Hence, it is provided that any
scientific or practical fault or default(neglect) of physician, make him liable.
This means that the ignorance of medical science and new methods of treatments
is regarded as a cause of civil liability. It seems that this regulation is the
turning point in the Panel Code to protect the patients, although this evolution
should have been clearer.
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