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Paper Information

Journal:   LAW & POLITICS RESEARCH JOURNAL   SPRING 2010 , Volume 12 , Number 28; Page(s) 149 To 176.
 
Paper: 

THE PLACE OF THE CONCEPT OF “FAULT” IN RESPONSIBILITY AND INNOCENCE OF THE PHYSICIAN

 
 
Author(s):  SHOJA PURIAN SIAVASH*
 
* AZAD ISLAMIC UNIVERSITY
 
Abstract: 

The physician is obliged to treat his patient in according to obligations of a contract. He must also attend the technical and scientific standards and governmental regulations. Although, If the desired results are not acquired this should not be considered as the breach of contract and physician responsibility. Therefore the fault of the physician must be proved (Liability on fault).
For some reasons the legislator consider the physician fault and his responsibility only as a result of the patient’s injuries (Article 319 of Islamic criminal law). On that side, the physician should prove that there is no fault and no causality relationship.
In order to reduce the physician responsibility (Article 322) He has been allowed to take exclusion from the patient before starting his treatments. Mere exceptions only will reduce his presumed responsibility which may be deduced from Article 319.

 
Keyword(s): PHYSICIAN, PATIENT, FAULT, EXEMPTION CLAUSE, RESPONSIBILITY
 
 
References: 
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+ Click to Cite.
APA: Copy

SHOJA PURIAN, S. (2010). THE PLACE OF THE CONCEPT OF “FAULT” IN RESPONSIBILITY AND INNOCENCE OF THE PHYSICIAN. LAW & POLITICS RESEARCH JOURNAL, 12(28), 149-176. https://www.sid.ir/en/journal/ViewPaper.aspx?id=273550



Vancouver: Copy

SHOJA PURIAN SIAVASH. THE PLACE OF THE CONCEPT OF “FAULT” IN RESPONSIBILITY AND INNOCENCE OF THE PHYSICIAN. LAW & POLITICS RESEARCH JOURNAL. 2010 [cited 2021May16];12(28):149-176. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=273550



IEEE: Copy

SHOJA PURIAN, S., 2010. THE PLACE OF THE CONCEPT OF “FAULT” IN RESPONSIBILITY AND INNOCENCE OF THE PHYSICIAN. LAW & POLITICS RESEARCH JOURNAL, [online] 12(28), pp.149-176. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=273550.



 
 
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