Quran and Medicine

Quran and Medicine

Civil Liability of the Doctor in Errors Caused by Medical Fertility

Document Type : Original Article

Authors
1 Faculty member, Law Department, Garmsar Branch, Islamic Azad University, Iran.
2 Full Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Imam Khomeini and Islamic Revolution Research Institute, Tehran, Ira
3 Member of the academic staff and a member of the Medical Law and Ethics Department of Royan Research Institute and the Director of the Medical Law Department of the University of Science and Culture, Tehran, Iran.
Abstract
One of the important topics and disciplines that have been made in recent years in terms of scientific advances in the field of medicine is the issue of medical fertility. The feeling of need for changes and changes in the environment and lifestyle and thousands of other factors have caused discussion about this issue, which sometimes has unfortunate consequences. The expansion of this field and the problems that intentionally or unintentionally put people's lives, property, and sometimes even their reputations at risk in the shadow of these new technologies, necessitates discussion and research in medical law and the subsequent responsibility of doctors in this field. The purpose of this research is to investigate the civil responsibility of the doctor in the field of errors caused by medical fertility. The present article has been done using analytical-descriptive and library method. According to the investigations carried out, it is found that in Imami jurisprudence, there are two main theories regarding the doctor's responsibility under the title "Doctor's guarantee". The famous theory that gives the pure guarantee of the doctor and the unpopular theory that does not consider the doctor as a guarantor unless he is at fault.
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