Comparative Study of Changes in the Islamic Penal Code Regarding the Responsibility of the Physician

One of the important issues in today's law is the responsibility of the physician, which has undergone some changes in the Islamic Penal Code. The global spread of medical events and consequently the growing number of injuries to patients, more than anything else, reveal the need for a comparative study on the physician's guaranty. While there is a controversy in the jurisprudence regarding the basis of the medical guarantee, the legal system of some countries - such as France, Sweden, and New Zealand - with the passage from the civil liability of the physician, has initiated initiatives to compensate patients. The Islamic Penal Code has also abandoned the rule of law by relying on a guilty plea for the accountability of the doctor. In light of this, the present study seeks to answer the question of whether the basis of the physician's guarantor in the Islamic Penal Code is responsible for the compensation of patients. After explaining the jurisprudential views and comparative examination, the current and past Islamic penal code regarding the guaranty the physician examines the procedure accordingly. Finally, the findings indicate that the rules on the physician's responsibility in the Islamic Penal Code, in addition to not complying with the jurisprudential views, have left the developments of the day in other countries, and according to the current regulations, in cases where the physician does not make a fault, the damages Patients will be affected. Accordingly, the basis of the physician's responsibility in the Islamic Penal Code does not meet the current needs of the community.

Please cite this article as: Ghaffari S, Ebrahimian N, Ghasemi M, Abbaslu B. Comparative Study of Changes in the Islamic Penal Code Regarding the Responsibility of the Physician. Iran J Med Law 2019; 13(49): 37-63.