A Comparative Study on the Tortious Liability of Physicians and Medical Centers in Iranian and English Legal Systems

Most often، the healthcare services are represented as a contract between the physicians or medical centers and the patients; this contract is referred to «treatment contract». Therefore، the liability of physicians and medical centers are contractual liability; however، in some cases، there is no possibility for agreement، and inking a contract such as medical emergencies and the affairs is out ofthe parties` agreement like an unexpected happening during a surgery operation، so that the liability of physicians or medical centers is surveyed as tortious liability. In addition، respect to the dominance of the «theory of negligence» in Iranian legal system، several problems meet the patients through proofing of service representatives` negligence. Thus، the patients need to know some information aboutthe physicians` negligence issues. On the other hand،the patients confusion increases while they refer to the medical centers; because they are in doubt to organize the negligence between the physicians، staff and medical centers. As a result، the illustration of medical centers` tortious liability remains no doubts when the medical center is negligent itself or is negligent because of its physicians or staff. Among this، taking to account some theories، we can solve the problem، like Respondeat Superior، Corporate Negligence، and Direct Liability، which are accepted in the Iranian legal system. Also، Vicarious Liability، Apparent Agency and Joint Liability that are known in the English legal system as the basis liability of medical center. So، this paper illustrates the tortious liability of physicians and medical centers respect to the mentioned theories and basis to support the patients’ rights، and to decrease the obstacles of the theory of negligence.