Journal of Medical Council of Iran
مجله علمی پژوهشی سازمان نظام پزشکی
Volume 43, Issue 2 (2025)
jmciri 2025, 43(2): 74-76 |
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Zaare Nahandi M, Banagozar Mohammadi A. Challenges of Note 1 of Article 496 of the Islamic Penal Code in the Health System. jmciri 2025; 43 (2) :74-76
URL: http://jmciri.ir/article-1-3391-en.html
URL: http://jmciri.ir/article-1-3391-en.html
Tabriz University of Medical Sciences, Tabriz, Iran.
Abstract: (44 Views)
Summary (Letter to the Editor):
Note 1 of Article 496 of the Islamic Penal Code has become a subject of serious debate among healthcare and legal professionals. According to this provision, if a patient or nurse knowingly follows a physician’s erroneous order, liability is removed from the physician and transferred to the executor of that order. This issue has drawn particular criticism regarding nurses, who may face a conflict between complying with a physician’s directive and the potential legal consequences of doing so.
In this letter to the editor, the authors acknowledge the legislator's intent to reduce medical errors by promoting greater diligence and oversight. However, they emphasize the urgent need for legal and occupational support for healthcare professionals. To address these challenges, the implementation of clinical guidelines, targeted training programs, and clarification of professional responsibilities is strongly recommended.
Ultimately, revising and updating current laws—guided by expert opinion and international best practices—could significantly enhance the legal protection of medical personnel and improve patient safety.
Note 1 of Article 496 of the Islamic Penal Code has become a subject of serious debate among healthcare and legal professionals. According to this provision, if a patient or nurse knowingly follows a physician’s erroneous order, liability is removed from the physician and transferred to the executor of that order. This issue has drawn particular criticism regarding nurses, who may face a conflict between complying with a physician’s directive and the potential legal consequences of doing so.
In this letter to the editor, the authors acknowledge the legislator's intent to reduce medical errors by promoting greater diligence and oversight. However, they emphasize the urgent need for legal and occupational support for healthcare professionals. To address these challenges, the implementation of clinical guidelines, targeted training programs, and clarification of professional responsibilities is strongly recommended.
Ultimately, revising and updating current laws—guided by expert opinion and international best practices—could significantly enhance the legal protection of medical personnel and improve patient safety.
Type of Study: Letter to Editor |
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