Medical liability between Islamic republic of Iran and Italy
Subject Areas : Medical law
Samad
Golbandi haqiqat
1
(Department of Law, Master's Degree, Gilan University, Rasht, Iran.)
Akbar
Eimanpor
2
(Assistant Professor of Private Law, Department of Private Law, Faculty of Humanities, Gilan University, Rasht, Iran)
Keywords: Practitioner’s liability, civil liability, foundations of liability, basics of liability, patient’s consent ,
Abstract :
Nowadays, medical malpractice is considered to be a current topic in law; however, there`s no unanimity as to its definition among different countries. Therefore in this article a comparative study of medical malpractice laws in Iran and Italy is presented. The goal of this article is comparing medical malpractice laws in Iran and Italy. It will study civil and criminal liabilities of the practitioner, the foundations of liability, the basics of practitioner’s liability, patient’s consent, practitioner’s duty in disclosing information regarding the illness and the side effects of treatments, and also governmental insurance coverage. The study shows that in both countries, the Theory of Commitment is considered as the criterion for causing liability, and the practitioner’s commitment in monetary matters is a obligation of means
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