Analyzing the Concept of Consent and the Theory of Innocence from Medical Law Aspect

The concept of consent and the theory of innocence are considered as new attitudes and important approaches in medical law, and studying them, as one of the fundamental conditions of medical liability, is of particular importance. Consent to treatment implies that every sane and mature person is entitled to make decisions around the treatment or the treatment method which has been recommended or is necessary for him/her. On this basis, the legislator has explicitly referred to obtaining the consent of the patient or his/her legal representatives in surgical and medical operations, and has considered the presence of such consent and innocence as a must in all surgical and medical procedures, except in necessary and urgent cases. However, given that in the legal system of Iran, following Imami jurisprudence, the pre-operation innocence institution in surgical and medical operations has been taken into consideration by the legislator and is the theoretical basis of medical liability, obtaining the patient’s consent, the legitimacy of medical operations, and observing technical and scientific standards and governmental systems are not necessarily considered as the physician’s disclaimer or among the causes of medical malpractice. The physician will be liable to compensate any life or financial losses caused to patients unless he/she has been acquitted of responsibility by the patient or his/her parents before beginning the treatment, and provided that he/she has not committed any faults. Therefore, the analysis of the concept of consent and the theory of innocence in medical law is the issue which has been discussed and analyzed in detail in the present article.