Physician Responsibility from the Perspective of Islamic Jurisprudence in Iran

Life is the ultimate divine blessing, and medicine seeks to save the lives of individuals in danger. Despite the efforts of physicians, some medical interventions may lead to morbidity and mortality in the patients. Physician responsibility has been a matter of debate among lawyers and jurists. This study aimed to evaluate physician responsibility and effect of consent and presumption of physician innocence on the treatment of patients. In this qualitative study, viewpoints of lawyers and jurists regarding physician responsibility and effect of consent on medical interventions were reviewed using a library method. Based on the consensus of Islamic jurists, the physician will be liable in case of failure in the treatment or diagnosis of patients. However, if informed consent is obtained from patients, and standard medical interventions incidentally lead to death, the physician is not held accountable. According to the latest version of the Islamic Penal Code (2013), if a physician performs a standard medical procedure with the permission of patients or their legal representatives, s/he will not be held accountable for possible damages, except for the cases where medical malpractice is involved. According to the results of this study, obtaining informed consent from the patients or their legal representatives dismisses physician liability. Therefore, guaranteed treatment of patients is considered as the conditional commitment of physicians. If medical malpractice is confirmed, the physician must be held accountable