The physician responsibility analysis of unintended harm toward the role of IHSANN in Shia jurisprudence

The Physician liability arising for damages in Islamic view is so important; the patient legal rights from one side and endangering the doctors’ profession are considerable. In the penal code of Islamic republic of Iran’s law, on the article number 319 and 322 pointed that the Physician is full responsible and the only way of compurgation of doctor is the permission of the patients or their guardian. The issue of physician responsibility in light of the IHSANN rule, denying any liability of Benefactor, is a very good approach here. In this paper we are going to study the principles and scope of this rule and approve this hypothesis that the doctor when works free of charge comes under the rule but when works for price is not without liability. Of course the penal liability according to this rule needs further studying.