Journal of Medical Council of Iran
مجله علمی پژوهشی سازمان نظام پزشکی
Volume 42, Issue 2 (2024)
jmciri 2024, 42(2): 47-57 |
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Sadeghpour M J, Dastani HoseinAdadi V. The Civil Responsibility of the Pharmacist in the Manufacture of Medicine. jmciri 2024; 42 (2) :47-57
URL: http://jmciri.ir/article-1-3231-en.html
URL: http://jmciri.ir/article-1-3231-en.html
department of jurisprudence and law, faculty of arts and humanities, shahrekord, shahrekord, iran
Abstract: (866 Views)
Abstract
Background: Along with doctors, pharmacists are also among those who in the process of treatment, their adverse performance may cause irreparable complications for the patient and their actions can have an affect on the final result of the treatment. Nevertheless, the angles of the responsibility of pharmacists towards the manufacture of drugs have received less attention and most of the researches have been organized in the field of doctor’s responsibility. Therefore, examining the civil responsibility of the pharmacist in the direction of legal protection of the patient as a drug user is very important and necessary.
Method: This writing has been done by adopting the library method with a descriptive and analytical approach.
Results: Jurists and lawyers have often mentioned the professional guarantee of the doctors and sometimes the nurses, while the responsibility of the pharmacist has been less discussed. Therefore, it is necessary to explain and revise the civil responsibility of the pharmacist in the manufacture of medicine independently; as neglecting the pharmacist’s responsibility in the treatment process is not compatible with the spirit of justice and will lead to an incomplete view of the warranty issue caused by negligence and fault in the treatment process. In this regard, by focusing on jurisprudence and legal components of civil responsibility, the responsibility of the pharmacist is examined. The requirements of the pharmaceutical profession have caused the fulfillment of the basic components of civil responsibility to this profession to be different from other branches of medical and paramedical knowledge. Commitment to caution, awareness and safety, which are specific commitments of the pharmaceutical profession, make the civil liability situation in this profession more different.
Conclusion: The civil liability of the pharmacist is the fulfillment of three basic components, which are: the harmful act, the harm caused, and the causal relationship between the harmful act and the harm caused. In this article, the above three components are examined with reference to the pharmacy profession and in the end, it will be proven that the order of civil liability in pharmacy has its own special requirements that makes it different from other professions.
Background: Along with doctors, pharmacists are also among those who in the process of treatment, their adverse performance may cause irreparable complications for the patient and their actions can have an affect on the final result of the treatment. Nevertheless, the angles of the responsibility of pharmacists towards the manufacture of drugs have received less attention and most of the researches have been organized in the field of doctor’s responsibility. Therefore, examining the civil responsibility of the pharmacist in the direction of legal protection of the patient as a drug user is very important and necessary.
Method: This writing has been done by adopting the library method with a descriptive and analytical approach.
Results: Jurists and lawyers have often mentioned the professional guarantee of the doctors and sometimes the nurses, while the responsibility of the pharmacist has been less discussed. Therefore, it is necessary to explain and revise the civil responsibility of the pharmacist in the manufacture of medicine independently; as neglecting the pharmacist’s responsibility in the treatment process is not compatible with the spirit of justice and will lead to an incomplete view of the warranty issue caused by negligence and fault in the treatment process. In this regard, by focusing on jurisprudence and legal components of civil responsibility, the responsibility of the pharmacist is examined. The requirements of the pharmaceutical profession have caused the fulfillment of the basic components of civil responsibility to this profession to be different from other branches of medical and paramedical knowledge. Commitment to caution, awareness and safety, which are specific commitments of the pharmaceutical profession, make the civil liability situation in this profession more different.
Conclusion: The civil liability of the pharmacist is the fulfillment of three basic components, which are: the harmful act, the harm caused, and the causal relationship between the harmful act and the harm caused. In this article, the above three components are examined with reference to the pharmacy profession and in the end, it will be proven that the order of civil liability in pharmacy has its own special requirements that makes it different from other professions.
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