The rule of Mitigation of Damages in Medical Law and the Influence of Religious Beliefs in Applying this Rule (Comparative Study with American Law)

When one hurts or sustains a loss or damage due to harmful act, he or she shouldn't be motionless and after that, claim restitution but should act reasonably and do his or her best for blocking or decreasing of loss. The question is. Can this rule also apply to medical law? When patient hurts or subject to hurt because of physician's or other related persons' mistake, injured person should do any necessary acts in order to treatment or reduction of disease such as following other treatment procedures. Applying of this doctrine needs some conditions like awareness of patient, financial ability or so. And some factors can prevent to apply this doctrine. Including them, religious beliefs can justify failure to deal with the damage. Injured person doesn't deserve for receiving any compensation for damages which he or she didn't prevent. This essay consider the mitigation of damage doctrine and its condition and obstacles in medical laws, And in this regard, conflict or non-conflict Mitigation of damage doctrine to religious beliefs can be studied.
Please cite this article as: Khakpour M, Bashokouh M, Lotfi AR. The rule of Mitigation of Damages in Medical Law and the Influence of Religious Beliefs in Applying this Rule (Comparative Study with American Law). Iran J Med Law 2019; 13(49): 7-36.