Reflection on the Views of the Scholars of Jurisprudence and Law Concerning Compensation for Medical Injuries(With an Emphasis on Criminal Liability of Doctors)

In the Islamic jurisprudence doctor is Honest. It’s a doctor’s religious duty to examine the patient's condition and it’s also a religious and rational duty for the patient to visit a doctor for treatment of a disease. As well as the provisions of the verse «ولاتلقوا بایدیکم الی التهلکه» and Hadith «لاضرر و لاضرار». As a result, Medicine is known to be a right in statutory. In islam it is known as a Collective duty and an abundance of Jurisprudence and legal opinions on physicians duties were written. It sometimes occurs that a surgeon or his/her steward may, in a regular surgery cause harm to a patient which leads to death. The aim of this study is to see whether a doctor and his steward are liable in such cases and to see if they are subject to criminal responsibility and compensation? The findings of this descriptive-analytical study which was achieved by library and documents shows that if a doctor or his steward carelessness cause the death or maim of patient, they are, in accordance with legal and juridical principles, liable and subject to compensation.If there is an emergency situation when it is not possible to have the patient's consent, in case of death or maim of the patient caused by Beneficence, the doctor bears no liability; however, It has not yet formed a unity on this issue among the Sunni and Shiites scholar.