Analysis of the Islamic Penal Code Regarding the Responsibility of Medical Staff in the Field of Medical Equipment

The wide range of medical equipment and its widespread use, on the one hand, and the growing trend of injury to patients, on the other, redouble the need for research on the responsibility of physicians and medical staff. The present article has been written with the aim of analyzing the Islamic Penal Code on the responsibility of medical staff in the field of medical equipment and showing its challenges in this field.

Leading research has been compiled by descriptive-analytical method and by collecting information in the form of a library and referring to laws and legal articles.

Ethical Considerations:

 In all stages of writing this article, while respecting the rights of others, honesty and trustworthiness have also been observed.

The findings indicate that in Article 319 of the Islamic Penal Code adopted in 1991, the principle was the absolute responsibility of the medical staff However, Article 495 of the Islamic Penal Code adopted in 1392 provides for liability based on fault, which will create problems for proving the fault of medical staff in prescribing and using medical equipment for patients.

Analysis and evaluation of the new Islamic Penal Code shows that although our legislator has approved articles on the responsibility of medical staff, but in practice with serious challenges, including guaranteeing the responsibility of the patient and the nurse deprived of specialized medical courses Facing and ignoring other medical-related words. Also, in accordance with the laws and regulations of the United Kingdom and the United States regarding medical equipment, the patient's right to information should be taken into account when drafting laws.