جايگاه تقصير در مسئوليت و برائت پزشك

The place of the concept of "fault" in Responsibility and Innocence of the physician

The physician is obliged to treat his patient in according to obligations of a contract. He must also attend the technical and scientific standards and governmental regulations. Although, If the desired results are not acquired this should not be considered as the breach of contract and physician responsibility. Therefore the fault of the physician must be proved (Liability on fault). For some reasons the legislator consider the physician fault and his responsibility only as a result of the patientʹs injuries (Article 319 of Islamic criminal law). On that side, the physician should prove that there is no fault and no causality relationship. In order to reduce the physician responsibility (Article 322) He has been allowed to take exclusion from the patient before starting his treatments. Mere exceptions only will reduce his presumed responsibility which may be deduced from Article 319.