مفهوم بیماری و تأثیر آن در مسؤولیت اطباء در ادوار مختلف تاریخ

نویسندگان

1 مربی، گروه حقوق، دانشگاه پیام‌نور، تهران، ایران.

doi
10.22037/mhj.v5i15.5320
چکیده

The relation between law and religious affairs has led physicians in ancient times to have the scientific as well as religious aspects. No doubt, in the beginning, medicine has been associated with magic. In ancient times physicians usually were not taken responsible because of the wide spread idea that diseases were caused by God's anger. Also from the historical point of view, the physicians' responsibility can be traced back to the early civilizations such as the kingdom of Babel. In the times that human was unable to recognize the reality of diseases; their treatment has been magic and charm in all medical areas that in fact it was a combination of human's problem-solving & his beliefs. It is obvious that in that period because of its special look at the nature and origin of disease and the kind of treatment the society did not consider physician, midwife and veterinarian responsible. Later, when the civilization was improved and medicine was separated from religious beliefs and superstitions, physicians were gradually, held more accountable. In some period in ancient Greece, Babel, they are believed in some materials to the nature of the disease and physicians were responsible for assaults and the violation of certain medical criteria at the time. In ancient Persia had been different looks at health and disease and several approaches to cause the diseases have exited whose dominant view being a materialistic cause of the disease. In Islamic jurisprudence, according to the quoted ahadis physicians were responsible. In this era Satan and the wrath of God were less pertained to exempt from responsibility. To such an extent that the responsibility of physicians more transparent during this period relative to the previous one and their scope of limitation were more specific, because, according to the holy Islam, they breached each of these duties which had considered exact functions, they became responsible in the case.