Analysis of Quranic and Legal Evidences of Responsibility of Physicians and Paramedics in the Legal System of Iran and Common Law

Complaints related to medical malpractice and professional misconduct of medical professionals and related fields is one of the most important concerns of the Iranian medical community today. The role of fault in liability-based liability is a condition for the realization of civil liability, and in absolute liability, it causes the injured party to find another way to file a lawsuit, and in liabilities that the legislator presumes to be guilty, the injured party basically needs Proof of guilt for claiming no damages. In the common law system, civil liability does not have a unique basis. A study of this legal system shows that sometimes the courts have ruled on the basis of absolute responsibility and in some cases they have considered the existence of fault necessary to fulfill the responsibility. Now the question arises in the research that "What are the Quranic and legal arguments for the responsibility of physicians and paramedics in the two legal systems of Iran and common law?" Therefore, the purpose of this study is to study and analyze the Quranic and legal arguments of the responsibility of physicians and paramedics in the two legal systems of Iran and common law, because the Iranian legal system is based on jurisprudence, Quran and religious evidence. The Qur'an is very important in this regard.

This research has been carried out by the method of library studies and in a descriptive-analytical manner, which has been obtained and analyzed by referring to the Holy Quran and legal arguments.

The results show that the Church's ban on harming others and oppress others indicate such verses "I Yfl less apt Dvana Vzlma Fsvf Nslyh Nara and minerals less apt Ali Ali Ysyra" (An-Nisa ': 30) and "La لو دها ول ضا ر وال ده ب ت ده ول ود له ب مول ”(Al-Baqarah: 233). Derived from the verse "the sanctity of oppression" requires the discovery of the status of "guarantee"; because the prohibition of oppression is associated with the removal of the effects of oppression. In other words, just as oppression is forbidden, it is necessary to eliminate it and its effects, and this means that the occupier is obliged to compensate the injured party.

From a legal point of view, the most important and common factor that leads to the condemnation of the medical staff and the obligation to compensate for damages is non-compliance with scientific principles and standards, ie the expected treatment standards, which are also determined by the medical and paramedical community. He does. In common law, the doctor's liability is based on fault, but with regard to the doctor's damages to the patient, it should be borne in mind that UK law requires that damages be investigated, both within and outside the contract. Damage to another. The present study is an analytical and descriptive method based on library studies and its purpose is to present the responsibility of physicians and paramedics, negligence and violations and compensation in the medical and paramedical system in the two legal systems (Iran and Kamen La) is.