Journal of Medical Council of Iran
Volume 44, Issue 2 (2026)
jmciri 2026, 44(2): 6-15 |
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Mousavinejad S. ical Boundaries of Medical Trainees’ Responsibility. jmciri 2026; 44 (2) :6-15
URL: http://jmciri.ir/article-1-3422-en.html
URL: http://jmciri.ir/article-1-3422-en.html
Department of Medical Ethics, Shahid Beheshti University of Medical Sciences, Tehran, Iran
Abstract: (5 Views)
Abstract
In teaching hospitals, medical students and residents routinely engage in patient care under the supervision of attending physicians. Determining the scope of their legal and ethical responsibility in the event of medical error remains a significant issue within medical law. According to the Residency Regulations of the Iranian Ministry of Health, a resident is defined as an “individual” whose legal status differs from that of a student, despite both groups being under direct supervision and educational instruction. Jurisprudential principles—illustrated through commonly cited examples such as the “student–teacher” or “swimming coach–trainee” model—generally attribute full responsibility for the learner’s actions to the instructor. Conversely, the foundational criminal law principle of personal liability suggests that the actor themselves may bear primary responsibility for any error. Some legal scholars argue that Article 142 of the Islamic Penal Code allows for the transfer of responsibility to the instructor if their supervisory role is established. Comparative legal frameworks in England and France similarly enable attribution of criminal liability to the principal responsible authority. Additionally, the “reasonable professional in the same field” standard—widely accepted in international jurisprudence—can serve as a practical criterion for defining the duties and responsibilities of various categories of trainees. Based on Iranian legal sources, including the Labor Law, the Islamic Penal Code, the Disciplinary Regulations for Professional Misconduct, and the General Ethical Guidelines for Medical Professionals, primary responsibility for trainees generally rests with educators and supervising physicians. Nevertheless, factors such as employment or contractual status within medical institutions and the civil or organizational liability of healthcare centers remain relevant considerations requiring further analysis.
In teaching hospitals, medical students and residents routinely engage in patient care under the supervision of attending physicians. Determining the scope of their legal and ethical responsibility in the event of medical error remains a significant issue within medical law. According to the Residency Regulations of the Iranian Ministry of Health, a resident is defined as an “individual” whose legal status differs from that of a student, despite both groups being under direct supervision and educational instruction. Jurisprudential principles—illustrated through commonly cited examples such as the “student–teacher” or “swimming coach–trainee” model—generally attribute full responsibility for the learner’s actions to the instructor. Conversely, the foundational criminal law principle of personal liability suggests that the actor themselves may bear primary responsibility for any error. Some legal scholars argue that Article 142 of the Islamic Penal Code allows for the transfer of responsibility to the instructor if their supervisory role is established. Comparative legal frameworks in England and France similarly enable attribution of criminal liability to the principal responsible authority. Additionally, the “reasonable professional in the same field” standard—widely accepted in international jurisprudence—can serve as a practical criterion for defining the duties and responsibilities of various categories of trainees. Based on Iranian legal sources, including the Labor Law, the Islamic Penal Code, the Disciplinary Regulations for Professional Misconduct, and the General Ethical Guidelines for Medical Professionals, primary responsibility for trainees generally rests with educators and supervising physicians. Nevertheless, factors such as employment or contractual status within medical institutions and the civil or organizational liability of healthcare centers remain relevant considerations requiring further analysis.
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