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Complete Compensation for Damages Resulting from Medical Errors: A Right Based on the Philosophy of Restitution
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Ali Ahmadi *1    , Ali Pourjavaheri2 |
1- Department of Private Law, Yasuj Branch, Islamic Azad University, Yasuj, Iran.
2- Department of Urisprudence and Law, Yasuj Branch, Islamic Azad University, Yasuj, Iran. |
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Abstract: (17 Views) |
Background and Aim: This article examines the right of patients to full compensation for damages resulting from medical errors, based on the philosophy of compensation. The main objective is to clarify the various dimensions of compensation, including financial and moral damages, following medical shortcomings. The article seeks to achieve full compensation for damages by analyzing existing laws, the challenges ahead and strategies to enhance the protection of patients' rights.
Methods: This research was conducted using a comparative-analytical method, utilizing jurisprudential and legal resources as well as library sources.
Ethical Considerations: In this research, ethical principles related to library studies, including the authenticity of texts, honesty and integrity, has been fully observed.
Results: The findings of the research indicate that in the event of a medical error, the patient has the right to claim not only financial damages but also compensation for moral damages. However, the judicial system in Iran does not have a consistent and clear approach in this regard, facing challenges such as uncertainty in the payment of blood money for physical injuries and legal ambiguity regarding additional damages. Despite the explicit mention in laws of the possibility of claiming moral damages, the judicial practice rarely accepts such requests and jurisprudence has also addressed the issue of moral damages in a limited manner. Overall, there are challenges and obstacles to achieving full compensation for damages.
Conclusion: The violation of patients' rights and the failure to achieve full compensation for damages resulting from medical errors have created serious challenges for the judicial system and the health sector. Weak oversight, neglect of patients' rights and the absence of comprehensive and coherent supportive laws are among the significant factors contributing to these challenges. Therefore, it is necessary for lawmakers to adopt a compensatory approach aimed at protecting patients, especially those with special needs, to address the legal and judicial shortcomings and to provide the necessary measures for full compensation of material and moral damages resulting from medical errors. |
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| Keywords: Actual Compensation, Medical Malpractice, Philosophy of Compensation |
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Full-Text [PDF 491 kb]
(6 Downloads)
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Type of Study: Original Article |
Received: 2024/11/4 | Accepted: 2025/02/4 | Published: 2025/03/10
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