Authors
Abstract
Since a long time ago, the question of civil liability of physician towards a patient has been considered by legal thinkers carefully but a point worth deliberation is those instances that the physicians are acquitted and observing the instances, it is not regarded guarantee for them. The legislator supports the physicians and excuses them from guarantee and civil liability under the certain conditions, in order to protect the social interests and safeguard the entirety of corporeal personality of individuals. Obtaining the acquittal from the patient, presence of forcible strength, patient act on the refusal of treatment, carelessness of the patient, urgency, observing the governmental disciplines and lack of causality relation between the physician act and incoming loss are factors that studied and considered as removal reasons of civil liability of physicians. Condition of irresponsibility requires only the removal of liability based on the rule of danger and establishment of dangerous milieu, and such condition on the assumption of major or intentional offence is against the public order, and on the assumption of commitment of offence as a result of indiscretion, carelessness and non-observance of governmental disciplines, the physician act will be desirable affair depend on his inclination and will, too. But under the conditions that mentions in this paper, in view of accepting the theory of assumption of offence in the new statute and considering this matter that acceptance of mere liability of physician toward the patient, is accepted by well-known Shiâite jurisprudents, and the legislator has deviated from such viewpoint in the present law and modified such condition the physician will be exempted from civil liability, and his action will not be followed guarantee, so that it will be followed displacement of burden of proof.
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