ARTICLE INFO

Article Type

Analytic Review

Authors

Morshedi   M. (*)
Khara   A. (1)






(*) Law Enforcement Department, Science and Law Enforcement Faculty, Amin Police University, Tehran, Iran
(1) Identity Department, Information Sciences & Technology Faculty, Amin Police University, Tehran, Iran

Correspondence

Address: Identity Department, Information Sciences & Technology Faculty, Amin Police University, Tehran, Iran‎
Phone: +98 (21) 81823444
Fax: -
massuod.morshedy@yahoo.com

Article History

Received:   August  3, 2016
Accepted:   December 19, 2017
ePublished:   March 25, 2018

ABSTRACT

Aims Four types of liabilities of physicians can be noted regarding the existing rules; moral, civil, criminal, ‎and disciplinary. Regarding the lawsuits against physicians, most of the complaints in Iran have a civil ‎and financial aspect, and criminal or disciplinary prosecution of physician is less considered. The aim ‎of this review was to examine the basis and types of liabilities of physicians in accordance with the ‎Islamic Penal Code.‎
Conclusion In cases of medical misconduct, the criminal response is announced through the appointment of blood ‎money or Arsh, and although it is legally of different kinds, in these cases, it has only a civil aspect. ‎Relying on such a theory, one can consider the issue without referring to the judiciary and ignoring ‎lawsuits in the judicial authorities. Criminal, legislative, or judicial and executive policy may or may ‎not be consistent. Investigating the nature of blood money, the existing regulations, and medical ‎insurance regulations can help us provide useful strategies that will benefit the medical community ‎and the judiciary as well as people and insurance.‎

Keywords: Liability, Legal , Criminal Liability , Moral Liability , Disciplinary Liability, Physicians , Law,

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