A Comparative Approach on the Concept of Physician’s Fault Criteria
The adoption of Article 495 of new Islamic Penal Code has removed the ambiguity in determining physicians’ liability basis . In other words, it considers physicians’ civil liability on the basis of presumed fault. However, the questions are: What are criteria for this fault? On what basis, will j...
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Allameh Tabataba'i University Press
2015-07-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
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| Online Access: | http://jplr.atu.ac.ir/article_1449_99fe96b60011ab774324f3ed822aae60.pdf |
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doaj-f6a94dc846a54f9695bd960ff6fcb97e2020-11-25T00:23:29ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832015-07-01311935A Comparative Approach on the Concept of Physician’s Fault CriteriaGholamreza HajinouriThe adoption of Article 495 of new Islamic Penal Code has removed the ambiguity in determining physicians’ liability basis . In other words, it considers physicians’ civil liability on the basis of presumed fault. However, the questions are: What are criteria for this fault? On what basis, will judges make a judgment for liability or lack of liability of physicians? Iranian lawyers have not addressed these questions clearly and adequately. The general requirement of "Failure to comply with reasonable skill and care standards" had been mentioned by foreign lawyers and academics in leading legal systems for the purpose of recognizing physicians' fault . Having said that, due to extensive criticisms, particularly by German lawyers, this criterion has challenged these legal systems. As a result, the "objective fault" criterion is gradually changing to "a relative fault" criterion. It means that in recognizing the fault, the reasonable physician’s behavior is not the only criterion and other similar physicians are also the pattern for recognition of his fault.http://jplr.atu.ac.ir/article_1449_99fe96b60011ab774324f3ed822aae60.pdfPresumed fault; Fault criteria; Physician; Tort law; Patient; Relative fault |
| collection |
DOAJ |
| language |
fas |
| format |
Article |
| sources |
DOAJ |
| author |
Gholamreza Hajinouri |
| spellingShingle |
Gholamreza Hajinouri A Comparative Approach on the Concept of Physician’s Fault Criteria Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī Presumed fault; Fault criteria; Physician; Tort law; Patient; Relative fault |
| author_facet |
Gholamreza Hajinouri |
| author_sort |
Gholamreza Hajinouri |
| title |
A Comparative Approach on the Concept of Physician’s Fault Criteria |
| title_short |
A Comparative Approach on the Concept of Physician’s Fault Criteria |
| title_full |
A Comparative Approach on the Concept of Physician’s Fault Criteria |
| title_fullStr |
A Comparative Approach on the Concept of Physician’s Fault Criteria |
| title_full_unstemmed |
A Comparative Approach on the Concept of Physician’s Fault Criteria |
| title_sort |
comparative approach on the concept of physician’s fault criteria |
| publisher |
Allameh Tabataba'i University Press |
| series |
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| issn |
2345-3583 |
| publishDate |
2015-07-01 |
| description |
The adoption of Article 495 of new Islamic Penal Code has removed the
ambiguity in determining physicians’ liability basis . In other words, it considers
physicians’ civil liability on the basis of presumed fault. However, the questions
are: What are criteria for this fault? On what basis, will judges make a judgment
for liability or lack of liability of physicians? Iranian lawyers have not
addressed these questions clearly and adequately. The general requirement of
"Failure to comply with reasonable skill and care standards" had been
mentioned by foreign lawyers and academics in leading legal systems for the
purpose of recognizing physicians' fault . Having said that, due to extensive
criticisms, particularly by German lawyers, this criterion has challenged these
legal systems. As a result, the "objective fault" criterion is gradually changing
to "a relative fault" criterion. It means that in recognizing the fault, the
reasonable physician’s behavior is not the only criterion and other similar
physicians are also the pattern for recognition of his fault. |
| topic |
Presumed fault; Fault criteria; Physician; Tort law; Patient; Relative fault |
| url |
http://jplr.atu.ac.ir/article_1449_99fe96b60011ab774324f3ed822aae60.pdf |
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AT gholamrezahajinouri acomparativeapproachontheconceptofphysiciansfaultcriteria AT gholamrezahajinouri comparativeapproachontheconceptofphysiciansfaultcriteria |
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