تأثیر امتناع بیمار از درمان بر ضمان پزشک خاطی

نویسندگان

1 استادیار گروه حقوق، دانشگاه شاهد، تهران، ایران

doi
10.22037/mfj.v14i42.29784
چکیده

Background and Aim: Medical errors as an inseparable part of the medical practices leads to certain Juristic challenges, including the patient 's refusal of treatment, especially where the physician is seeking to reform and restore the condition to before and  to  remedy the patient . The purpose of this study is to investigate the effect of this refusal on physician’s liability. Materials and Methods: The present study, using a library study method gathers different views of jurists and tries with a descriptive-analytical method to explain their respective opinions alongside criticisms on their point of view. Conclusion: The patient’s refusal of treatment based on multiple states follows different results. The persistence of patient for incorrect prescribing, despite the caution of the physician, will result in termination of the physician’s liability in this result or subsequent injuries. Self-receiving treatment and independent actions following a medical error is subject to criminal convictions; if the injury or death is due to the refusal of treatment. The jurists views in a non - conformity to other similar examples is acceptance of liability for guilty physician, although the sound opinion is common liability for the physician and the patient.   Cite this article as: Ehsanpour R. The effect of Patient’s Refusal of Treatment on guilty Physician’s liability. Med Ethics J 2020; 12(42): e11.