Journal of Medical Council of Iran
مجله علمی پژوهشی سازمان نظام پزشکی
Volume 42, Issue 1 (2024)
jmciri 2024, 42(1): 53-68 |
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Behmand Firoz M, Jafari F. Civil liability Arising from Refusal to Treat a Patient. jmciri 2024; 42 (1) :53-68
URL: http://jmciri.ir/article-1-3184-en.html
URL: http://jmciri.ir/article-1-3184-en.html
Department of law, Faculty of Literature and Human Science, Bu Ali Sina University, Hamedan, Iran
Abstract: (1052 Views)
Abstract
Background: Nowadays, dissatisfaction among people and an increase in lawsuits against medical experts can be traced to the practice of “Refusing to Treat Patients”. The term “Refusal to Treat the Patient” refers to any kind of refusal act in accepting and treating a patient by medical experts. Hence, the present research seeks to elucidate the nature and elements of the civil liability of medical experts when refusing to treat a patient. As an answer to their mental concern, the authors intend to present a new reading of the articles of the Islamic Penal Code regarding the basis of fault in the responsibility of refusing treatment, while examining the mandatory rulings on providing medical services to patients.
Methods: Using descriptive and analytical methods, this is theoretical research. The data were also collected from the libraries by referring to documents, books, and articles.
Ethical Consideration: The originality and trustworthiness of the content have been observed throughout writing the research.
Results: The findings suggest that although in some cases refusal to accept a patient has legal and ethical justifications, in many other cases, however, the refusal to accept a patient leads to hurting them and entails civil liability for the healthcare providers.
Conclusion: It is fair to compensate a patient if he or she has been subjected to accumulated tortious acts, suffered serious harm, and has been refused treatment or given a causal relationship. In non-emergency situations and according to the signed pretreatment contract, healthcare providers are only responsible for certain injuries to patients. However, once the contract is signed, any refusal to treat a patient would result in civil responsibility for medical experts. In addition, refusing to treat patients in an emergency situation would be considered harmful to them and subject doctors to civil liability. The failure to provide effective assistance would also be regarded as the cause of injury and as the provider’s responsibility.
Background: Nowadays, dissatisfaction among people and an increase in lawsuits against medical experts can be traced to the practice of “Refusing to Treat Patients”. The term “Refusal to Treat the Patient” refers to any kind of refusal act in accepting and treating a patient by medical experts. Hence, the present research seeks to elucidate the nature and elements of the civil liability of medical experts when refusing to treat a patient. As an answer to their mental concern, the authors intend to present a new reading of the articles of the Islamic Penal Code regarding the basis of fault in the responsibility of refusing treatment, while examining the mandatory rulings on providing medical services to patients.
Methods: Using descriptive and analytical methods, this is theoretical research. The data were also collected from the libraries by referring to documents, books, and articles.
Ethical Consideration: The originality and trustworthiness of the content have been observed throughout writing the research.
Results: The findings suggest that although in some cases refusal to accept a patient has legal and ethical justifications, in many other cases, however, the refusal to accept a patient leads to hurting them and entails civil liability for the healthcare providers.
Conclusion: It is fair to compensate a patient if he or she has been subjected to accumulated tortious acts, suffered serious harm, and has been refused treatment or given a causal relationship. In non-emergency situations and according to the signed pretreatment contract, healthcare providers are only responsible for certain injuries to patients. However, once the contract is signed, any refusal to treat a patient would result in civil responsibility for medical experts. In addition, refusing to treat patients in an emergency situation would be considered harmful to them and subject doctors to civil liability. The failure to provide effective assistance would also be regarded as the cause of injury and as the provider’s responsibility.
Keywords: Refusal To Treat A Patient, Civil Liability, Medical Experts, Emergency Treatment, Non-emergency Treatment
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