civil liability

In case of non-supply or monitoring of water hygiene and resulting a direct damage to consumers, the need for compensation will be considered based on the theory of civil liability. Therefore, the purpose of this research is to survey the civil liability of the Ministry of Health for water hygiene.

This research is a qualitative study based on the framework of the theory of civil liability, which by using the library research tool by collecting the laws and regulations of the country and using the thematic analysis method and matching the laws with the framework of the conceptual model, civil liability of the Ministry of Health in the field of water hygiene was identified.

Based on the findings, in Iran since 1949 and with the approval of the Urban Health Law, the Ministry of Health has been obliged to monitor and control the quality of non-piped water in cities. After the enactment of this law, 10 other laws and regulations until 2014, a total of 13 tasks for this ministry were identified in the issue of water hygiene.

The findings suggest that existing laws and regulations adequately address the Ministry of Health's civil liability for water hygiene issues. Therefore, if consumers unknowingly suffer health damage directly from water pollution due to the Ministry's unintentional neglect, equipment defects, or mismanagement, the Ministry holds civil liability and must compensate for any losses incurred.

Issuing a False medical certificate is one of the most important abnormalities in the relationship between a physician and a patient, which is of particular concern to the legislator and criminalized due to the effect on public order and damage to private and juridical persons, as well as distorting the dignity of the medical profession. This act can lead to criminal, civil, and disciplinary liability for the doctor, depending on the case. In this article, while explaining the concept of issuing a false medical certificate and its various assumptions, the elements of such a crime and the conditions for realizing criminal and civil liability in this regard and applying punishment and compensation will be discussed. In order to realize the special crime of issuing a false medical certificate, it is necessary to take into account the conditions stipulated in Article 539 of the Islamic Penal Code approved in 1375, and in other cases (fake medical certificate or other false certificates) according to the case, Articles 538 and 540 of The law regarding the execution of the punishment and the method of compensating damages, will be applied.

Along with doctors, pharmacists are also among those who in the process of treatment, their adverse performance may cause irreparable complications for the patient and their actions can have an affect on the final result of the treatment. Nevertheless, the angles of the responsibility of pharmacists towards the manufacture of drugs have received less attention and most of the researches have been organized in the field of doctor’s responsibility. Therefore, examining the civil responsibility of the pharmacist in the direction of legal protection of the patient as a drug user is very important and necessary.

This writing has been done by adopting the library method with a descriptive and analytical approach.

Jurists and lawyers have often mentioned the professional guarantee of the doctors and sometimes the nurses, while the responsibility of the pharmacist has been less discussed. Therefore, it is necessary to explain and revise the civil responsibility of the pharmacist in the manufacture of medicine independently; as neglecting the pharmacist’s responsibility in the treatment process is not compatible with the spirit of justice and will lead to an incomplete view of the warranty issue caused by negligence and fault in the treatment process. In this regard, by focusing on jurisprudence and legal components of civil responsibility, the responsibility of the pharmacist is examined. The requirements of the pharmaceutical profession have caused the fulfillment of the basic components of civil responsibility to this profession to be different from other branches of medical and paramedical knowledge. Commitment to caution, awareness and safety, which are specific commitments of the pharmaceutical profession, make the civil liability situation in this profession more different.

The civil liability of the pharmacist is the fulfillment of three basic components, which are: the harmful act, the harm caused, and the causal relationship between the harmful act and the harm caused. In this article, the above three components are examined with reference to the pharmacy profession and in the end, it will be proven that the order of civil liability in pharmacy has its own special requirements that makes it different from other professions.

Nowadays, dissatisfaction among people and an increase in lawsuits against medical experts can be traced to the practice of “Refusing to Treat Patients”. The term “Refusal to Treat the Patient” refers to any kind of refusal act in accepting and treating a patient by medical experts. Hence, the present research seeks to elucidate the nature and elements of the civil liability of medical experts when refusing to treat a patient. As an answer to their mental concern, the authors intend to present a new reading of the articles of the Islamic Penal Code regarding the basis of fault in the responsibility of refusing treatment, while examining the mandatory rulings on providing medical services to patients.

Using descriptive and analytical methods, this is theoretical research. The data were also collected from the libraries by referring to documents, books, and articles.

Ethical Consideration:

 The originality and trustworthiness of the content have been observed throughout writing the research.

The findings suggest that although in some cases refusal to accept a patient has legal and ethical justifications, in many other cases, however, the refusal to accept a patient leads to hurting them and entails civil liability for the healthcare providers.

It is fair to compensate a patient if he or she has been subjected to accumulated tortious acts, suffered serious harm, and has been refused treatment or given a causal relationship. In non-emergency situations and according to the signed pretreatment contract, healthcare providers are only responsible for certain injuries to patients. However, once the contract is signed, any refusal to treat a patient would result in civil responsibility for medical experts. In addition, refusing to treat patients in an emergency situation would be considered harmful to them and subject doctors to civil liability. The failure to provide effective assistance would also be regarded as the cause of injury and as the provider’s responsibility.

Artificial intelligence has brought vast developments in various fields for humanity, especially in the field of health. Medical innovations, such as the use of intelligent robots and intelligent nurses, bring many hopes in the field of prevention and treatment of diseases and management. It is more appropriate for patients to live. However, regulation in the field of artificial intelligence application for therapeutic and health uses is still one of the areas that has been raised as a challenge.

This research was of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library and it was done by referring to documents, books and articles.

Ethical Considerations:

 In the current research, the principles of trustworthiness, honesty, originality and neutrality of the work have been respected.

While the type of civil liability resulting from the use of artificial intelligence in medical surgeries in Iran's legal system is subject to the civil liability law of 1940 due to the lack of specific legal provisions, and fault-based civil liability prevails in this legal system. The US type of civil liability is absolute civil liability.

The civil liability resulting from the use of artificial intelligence in medical surgeries mainly arises in two forms of negligence and breach of warranty, while in Iran's legal system, the civil liability resulting from the use of artificial intelligence is the responsibility of the company that produces it, while In the American legal system, depending on the case, the company, the surgical team or even the artificial intelligence itself is subject to civil liability.

Civil liability in the use of artificial intelligence (AI) in pharmaceuticals is a complex and important issue that is related to various rights and obligations in the field of manufacturing and distributing drugs. The present research, studies the civil responsibility of using artificial intelligence in pharmaceuticals.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.

Ethical Considerations: 

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

Artificial intelligence in pharmaceuticals may be used to analyze data and predict the effects of drugs. If the input data is incorrect or incomplete and results in erroneous results, it is possible that liability may arise for drug manufacturers, algorithm developers, or regulatory bodies. If an AI system mistakenly prescribes a drug and harms a patient as a result, software developers or doctors may be held liable.

Deficiencies in monitoring can lead to liability for regulatory bodies. In many cases, companies enter into collaboration with AI technologies through agreements. The terms of these agreements can help determine responsibilities and obligations. The use of AI in pharmaceuticals also raises various ethical issues, including patient data privacy and fairness in treatment. Finally, given the rapid growth of AI technologies, there is a need for independent regulatory and legal frameworks to clearly define responsibilities and protect the rights of patients and consumers.

Today, compensation for damages caused by the failure to provide pharmaceutical information to consumers is one of the newest legal issues. In this research, an attempt is made to examine the nature and legal sources of civil liability resulting from the failure to provide drug information by drug manufacturers and distributors to consumers in the laws of Iran, France and England.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The findings of the research show that failure to provide essential pharmaceutical information to consumers in Iran, France and England by drug manufacturers and distributors can cause the contractual or non-contractual civil liability of the operators of these centers.

In Iranian law, based on articles of special and general laws, including the Consumer Rights Protection Law approved in 1388, the basis of civil liability of manufacturers and distributors of goods such as drugs is fault-based liability; this issue is going to be a conflict facing to the legal developments in advanced countries, it is, thus, required to be reviewed by the Iranian legislature. In French law, based on Article 1386 of the Civil Code and also the doctrine and judicial practice of this country, the civil liability of the operators of these centers is based on pure fault. In British law, as in France and based on various articles of the relevant laws of this country, including the Consumer Rights Protection Law approved in 2015, the basis of the civil liability of manufacturers and distributors of goods, including medicines, in this country is pure liability.

Medical tourism referes to people traveling abroad to obtain medical treatment. In recent years, medical tourism is becoming increasingly popular. Economically medical tourism is considered a good financial source, therefore, countries improve their medical infrastructures in order to attract medical tourism. The present study aims to explain the liabilities regarding medical tourism.

The research method is analytical descriptive and it has used library sources.
Ethical Considerations: In present paper the principles of text originality, honesty and trustworthiness have been applied.

Findings indicate that Iran's law faces a gap in the field of medical tourism. Any contrary that deals with the development of intrastructure, it should consider the challenges of medical tourism through legislation.

Medical tourists, like any other citizen, can enjoy healthcare services inside another country. In relation to medical tourism, the medical staff and hospital play the main role and in present study, the liabilities of hospital and doctors and the obligations to patiants that medical tourists do not benefit from have been determined. In the case of hospital or healthcare staff'negligence, they should seek compensation. Considering the increasing trend of dangerous actions that healthcare staff take in hospitals, the principles of civil liability should consider the appropriate measures for damages done by healthcare staff or hospital. Regarding the liabilities, Article 12 of civil liability law can be applied that consider healthcare staff liable to medical tourists.

Please cite this article as:Sadeghi Rad E. Civil Liability Arising from Medical Tourism. Medical Law Journal. 2023; 17(58): e39

The widespread spread of the corona virus (Covid-19) has led to the infection of millions of people and the death of thousands of people in the world. This issue has raised the possibility or not of the government's civil responsibility for the corona disease as an important question and has become a benchmark for the efficiency and rationality of various scientific and religious systems and schools; So that it can be considered from many aspects, including jurisprudential-legal challenges. For example, we can mention issues such as the guarantee of sovereignty and the government's civil responsibility in life and financial damages, the application of the rule of quarantine and restriction of freedom, etc. This research examines and explains the jurisprudential-legal foundations of the government's civil responsibility in the Corona crisis.

This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

In order to ensure people's health, it is conceivable to have appropriate and jurisprudential-legal bases for creating the responsibility of the government to prevent and compensate for the damage caused by the corona disease. By dividing the considered bases, the rule of justice, the rule of sanctity of Muslim property, maintenance of economic security and public order as general bases and the rules such La zarar and Etlaf and Tasbib have been considered and cited as special grounds for proof of compensation.

According to the aforementioned principles, the actions of the government, such as not closing the borders in time, not announcing the arrival of the corona virus in the country in a timely manner and not controlling and finding effective solutions in the fight against this virus, are examples of damage and bear responsibility.

The special situation of medical contracts and its conditions and characteristics have been explained in such a way that it is not a contract within the framework of fixed contracts, therefore it seems that from the legal point of view, medical contract is a type of indefinite contract based on the provisions of Article 10 of the Civil Law, has special conditions and special obligations of treatment contracts, which become effective according to the agreement of the parties. In non-contractual cases regarding the relationship between doctors and other medical service personnel (such as nurses, interns, residents, etc.), the need to provide information to their patients comes from the need to preserve people's lives and in the Islamic religion, the importance of preserving the community and helping Reaching out to each other is highly emphasized as it is mentioned in the Holy Quran that saving the life of one person is like bringing all people alive and killing one person is like killing all people. Life is a divine gift, therefore respecting it and preserving it is always emphasized.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.

Ethical Considerations:

 In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

The most obvious and fundamental example of the natural rights of every human being is the right to life, in such a way that they have given it the name "superior right". This right and respect for it have been emphasized many times in the constitutions of countries and in important international documents. In the third article of the Declaration of Human Rights, it is stated: "Every person has the right to life, liberty and personal security". According to the right to life, which every living person has, no one should and has no right to commit acts that cause the violation of this right and the deprivation of another's life. Therefore, this can justify the need to inform in such cases.

In view of the above, the "obligation to be the means" of the doctor's practice is obtained from the non-guarantee of a non-culpable licensed physician or nurse, intern, resident, etc, but unfortunately, in the Islamic Penal Code approved in 2013, the abandoned theory of "commitment to the result" has been accepted and a solution has been considered to escape from the related obligations, which even ignorant doctors who have questioned the most obvious principles and rules of medicine and in their treatments, they have committed serious mistakes. By acquitting the patient, they can avoid all medical moral obligations as well as civil responsibility due to their harmful act and it is an issue that the obligation to provide information in medical matters can also be raised in this assumption.

One of the important topics and disciplines that have been made in recent years in terms of scientific advances in the field of medicine is the issue of medical fertility. The feeling of need for changes and changes in the environment and lifestyle and thousands of other factors have caused discussion about this issue, which sometimes has unfortunate consequences. The expansion of this field and the problems that intentionally or unintentionally put people's lives, property, and sometimes even their reputations at risk in the shadow of these new technologies, necessitates discussion and research in medical law and the subsequent responsibility of doctors in this field. The purpose of this research is to investigate the civil responsibility of the doctor in the field of errors caused by medical fertility. The present article has been done using analytical-descriptive and library method. According to the investigations carried out, it is found that in Imami jurisprudence, there are two main theories regarding the doctor's responsibility under the title "Doctor's guarantee". The famous theory that gives the pure guarantee of the doctor and the unpopular theory that does not consider the doctor as a guarantor unless he is at fault.

 Sports accidents during sports operations constitute a major part of sports-related damages and in this respect, explaining the rules of civil liability and identifying the responsible parties for the accident in order to support the victims and compensate for the damages is very important. In this article, the basics of civil liability caused by sports accidents during sports operations were discussed.

 This research is a theoretical research in terms of type and also it has been carried out in a descriptive-analytical way using the method of legal discussion (logical-argumentative).

Ethical Considerations: 

In the present research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.

 The results of the investigation showed that the direct responsibility of athletes and other perpetrators of harmful acts during sports operations are basically based on fault and the detection of fault is also based on the rules of each field and regulations, contracts, domestic and international standards and professional custom. However, in cases such as responsibility caused by another act in sports accidents, due to the controlling and supervisory position of individuals (managers, coaches and sports officials), the basis of liability is the assumption of fault; in such a way that a person must prove compliance with all aspects of caution and legal duties to be acquitted of responsibility.

 In general, it is not possible to determine an absolute basis for civil liability arising from sports accidents, because different components such as the nature of sports practice, the position of a person in sports operations and the contractual or non-contractual basis of responsibility, can be effective in the analysis of the basis of responsibility and especially the task of proving fault or non-fault.

In individual performance, is not easy to strike balance between physician and patient interests in the matter of civil liability; The legislature, to organize the physician's responsibility, in the body of a rule oscillating between extremism and extravagance, accepts in one regulation pure responsibility and in the next regulation it accepts non-responsibility and in another rule, despite the certainty of error in medicine, the physician holds the culprit responsible. The way to balance, in a relationship where the interests of the parties are considered, is to add people, create assets and share responsibilities.

This research has been done by using the findings of comparative law and organizing participatory performance using descriptive-analytical method.

In the present study, adherence to the scientific method, ethical principles, fiduciary duty and intellectual and intellectual property have been respected.

The experience of French law shows that the participatory performance has the potential to increase a person, assets and to establish and distribute responsibilities in the field of medicine; Collaborative implementation is suggested as a way to create a favorable balance between the interests of the patient and the physician. In participatory performance, many features can be brought to the field that is related to human lives by placing the features of medicine on the compass.

Participatory performance with "activity organizing technique" and granting legal personality, establishes the company responsibility and unlimited liability of partners. The importance of patient trust requires the joint responsibility of company to the harmful behavior of the physician, and the sensitivity to impairment of the patient's freedom of choice requires unlimited and joint liability of partners for the company's debts. This method of performance, thanks to "partner organization technique" centralizes trusted physicians, enables the establishment and continuation of these responsibilities. In such a system, the responsibility does not rest on the physician alone; He has reliable supporters in this direction. The status of the partner paying the loss is organized by referring to the company, the offending partner and other partners. It does not matter from which "treatment door" the patient enters the company; He exits the "security exit". The result of this situation, creating balance and souvenir it, is entering the field of health with a relaxed mind, which should be welcomed.Please cite this article as: Seyedi Arani SA. Participatory Performance: Protecting the Interests of Physicians and Patients in Civil Liability. Medical Law Journal. 2022; 16(57): e4.

Scientific research refers to those researches that are conducted without the intention of treatment and with the aim of developing biosciences or knowing the effects of new food and health products on human subjects. Therefore, due to the lack of treatment intention, the civil liability arising from it cannot be compare by therapeutic measures.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In advanced countries, to encourage participants in scientific research, special insurance coverage is used to compensate the subject's damage, and in cases where scientific research is conducted by government institutions, the human subject's damage is compensated from the research budget of the same institution.

It became clear that the traditional principles and systems of compensation, such as the Doctrine of fault and the theory of creating risk, in practice either cause the failure of the subject to be fully compensated or may be considered an obstacle to scientific research, so it is best that other structures to guarantee The compensation of human subjects should be used in scientific research, which according to the discussions, payment of the subject's damages from the budget of the same research in practice leads to the development of scientific research, and the traditional compensation systems are not effective in compensating the damages caused by scientific research.Please cite this article as:Rahmani Manshadi H.Compensation for Damage Resulting from Scientific Research; Foundations and Structures. Medical Law Journal. 2022; 16(57): e26.

Doctor civil liability one of the most important and controversial issues in the field of civil liability has always been. This article to address the important issue of how a doctor's civil liability arises from an emergency tries.

This article is Analytical descriptive and uses the library method.

Ethical Considerations:

 In this article, originality of texts, honesty and trusteeship has been complied with.

Doctor civil liability in emergency situations is subject to fault theory. This means that if he harms the patient by observing scientific points, he is not responsible and if the damage occurs in accordance with medical principles, the doctor's civil liability will be revoked. In urgent and urgent cases, it is not necessary to obtain the patient's consent and innocence and if the doctor in case of emergency does not obtain the consent of the patient or his guardian, he is not a guarantor.

The legislator has considered innocence as one of the necessary conditions to absolve a doctor of responsibility, but in cases such as urgency, this general principle is ignored. If the patient's condition is such that it requires urgent treatment, while he is unable to give consent and there is not enough time, the doctor is in a state of emergency. Therefore, according to the jurists, this is not urgency, but a function of the rule of the rule of benevolence and it has no responsibility.

In recent years, there have been many developments in the field of technology. One of these areas is the issue of stem cells. The purpose of the current research is to review and analyze the existing regulations in this field.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The findings of the present research show that, the issue of using and accessing stem cells for research has not been considered. On the other hand, considering that the genes and genetic information contained in them have the ability to be assigned and also have the value of exchange and buying and selling, they can be considered property, since stem cells have the special properties of property, they can be classified as property and the ownership of them can be different in any way.

In Iran's domestic laws, due to the many gaps in the existing regulations, in order to prevent possible abuses in this technology, while developing the necessary regulations, it is necessary to manage and resolve the conflict of interests between the factors involved in this technology. However, in the absence of strong approvals regarding the processes related to basic cells, in the current system we can use the theory of "responsibility for non-prohibited actions".

The civil responsibility of medical professionals, especially physicians, has been disputed for a long time. In the meantime, in order to improve the process of definitive treatment of patients, including those infected with the coronavirus, and to reduce liability lawsuits in the courts, changing the basis of the physician's civil liability from the "Theory of presumption of Fault" to the "The Theory of Attributability". Based on "Flexible Custom Arbitration with the requirements of time and place, to get closer to social justice" and "Valid Jurisprudential Rules" is necessary.

The research method of this Article is Descriptive-Analytical and the method of collecting information is Library Studies.

This Article has completely adhered to the Moral Principles -Honesty, Respect for Rights and Confidentiality- and the Principle of Material-Intellectual Property.

In US Law, after the outbreak of Covid-19 and the declaration of emergency, the federal emergency laws and the executive orders of the states changed from "Ready to Enforce" to "Enforceable" and based on "The Ihsan Rule" and paying attention to the goodness of the physician. In the absence of negligence to the extent of reckless misconduct, intentional misconduct and gross negligence, immunity from liability was created for the physician. In Iranian law, after the outbreak of Covid-19, the legislature's approach is still based on the "The Theory of Presumption of Fault".

Facing an emergency requires passing emergency laws. "Preventing the Tsunami of Civil Liability Claims", "Improve the Patient's Treatment process by increasing the physician's focus and courage", "Unknown and Unpredictable Disease" and "The Need for advances in medical science" required the support of the physician and he demanded to pay attention to the exceptions of the physician's responsibility in emergency situations, such as the treatment of patients with corona and in case of negligence that does not include intentional fault or gross fault, he should be entitled to support responsibility.Please cite this article as:Rafiee R, Abedini H, Rostaei H. Physician Civil Liability in the Treatment of Patients with Covid19 in Iranian Law Adapted to the American Legal System. Medical Law Journal. 2022; 16(57): e25.

Internet advertising has a very important role in earning money and business due to the vastness of cyberspace and global and round-theclock access to it. The use of electronic advertising in wards and therapies is also activated for health reasons. The purpose of this study is to investigate the principles of civil liability resulting from misleading propaganda in the field of health in Iranian law.

This research is a theory and the research method is descriptive-analytical. And the method of collection is library and it is information by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, hoesty and fidelity have been observed.

Advertising in this field due to people to medical services and products needed for drugs and health is one of the most attractive attractions and features that even non-specialists can be traded in order to make more profit in this area, but despite extensive advertising in the field. Health benefits are driven by some consumers to be advertised. Provides and demands material and moral damages to consumers who need to support the loss. Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Advertising in the supply of medical products and pharmaceutical and health goods in cyberspace has been subject to its own rules and regulations and in view of the importance of activating these goods with the manner and costs of the remaining civil and criminal costs in the law. forecasted. However, in justifying the protection of consumer rights and to express the principles of civil liability resulting from misleading propaganda, rules such as causation, harmlessness and pride can also be invoked in order to enforce the damaged rights.Please cite this article as:Mohaghegh Dolatabadi Sh, Fallah MR, Hashemi Bajgani SJ. Civil Responsibility Arising from Electronic Advertising in the Field of Health in Iranian Law. Medical Law Journal. 2022; 16(57): e1.