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Analysis of the Civil Liability of Physicians in the Legal System of Iran with an Emphasis on the Right to Health
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Hossein Sharifi *    |
| Department of Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran. |
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Abstract: (3 Views) |
Background and Aim: The civil liability of physicians is one of the complex and yet fundamental issues at the intersection of private law and public health. With the evolution of the view of health as a "public right" at the national and international levels, the professional liability of physicians is not only confined to the realm of contractual relations, but also has social and public dimensions. The main objective of this research is to analyze the link between the civil liability of physicians and the right to health as a universal right in the Iranian legal system, looking at international human rights documents.
Methods: This research was conducted in a descriptive-analytical manner using a library method. In the analysis process, jurisprudential sources, domestic laws (including the Civil Liability Law, the Islamic Penal Code and the Patient's Rights Charter), judicial decisions and international documents such as the Covenant on Economic, Social and Cultural Rights have been used.
Ethical Considerations: In writing this article, the principles of scientific honesty, respecting the rights of authors, accurate citation of sources and avoiding any kind of plagiarism have been carefully observed.
Results: The findings are organized in the form of a conceptual review, an analysis of theoretical and legal foundations and a review of practical challenges.
Conclusion: The analysis shows that the civil liability of a physician, in addition to contractual or fault-based obligations, is intertwined with the right to health as a public right. At the same time, shortcomings in the strict implementation of informed consent, the absence of specialized medical courts, weaknesses in the professional liability insurance system and the spread of defensive medicine have prevented the desired realization of this right. To simultaneously guarantee the rights of patients and doctors and maintain a balance between individual responsibility and public health requirements, it is necessary to review civil liability laws, establish specialized courts, develop professional guidelines and improve insurance coverage. In this way, we can move towards a legal system that both supports the right to public health and protects the dignity and job security of physicians. |
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| Keywords: Civil Liability of Physicians, Right to Health, Waste Rule, Do no Harm Rule |
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Full-Text [PDF 525 kb]
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Type of Study: Original Article |
Received: 2024/12/3 | Accepted: 2025/02/13 | Published: 2025/03/15
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