Volume 6, Number 3 (8-2013)                   ijme 2013, 6(3): 17-29 | Back to browse issues page


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Salehi S M, Faramarzi Razini F, Ghasemzadeh N. Physician's liability and presumption of innocence based on Shiite jurists’ opinions: a review study. ijme. 2013; 6 (3) :17-29
URL: http://ijme.tums.ac.ir/article-1-5117-en.html

1- Assistant Professor, Faculty of Literature and Humanities, Jurisprudence and Islamic Law Department, Urmia University , Urmia, Iran;
2- MSc Urmia University, Urmia, Iran
3- Medical Ethics PhD student Medical Ethics and History of Medicine Research Center, Tehran University of Medical Sciences, Tehran, Iran , nghasemzadeh@razi.tums.ac.ir
Abstract:   (9733 Views)
Presumption of innocence is one of the fundamental principles of criminal law that has its roots in moral and religious principles. Presumption of innocence is consistent with human nature, and special attention has been paid to it in Islam. For this reason it has been included in our constitutional law as well as in the constitutions and ordinary laws of other nations, and this indicates its significance. In Shiite jurisprudence there are two major theories on the responsibility of physicians as “daman al-tabib”. Most jurists (famous) consider the physician responsible even if he or she has committed no fault. Only a minority of jurists (less-known) consider the physician to have no responsibility. Islamic criminal law believes the physician to have absolute liability, although medical practices have become more sensitive than in the past and medical incidents have increased as a result of new technology and new methods of treatment. The present study intends to adopt a new approach to rules and principles of jurisprudence, and study the necessity of using them according to the requirements of time in solving everyday problems. Moreover, the study seeks ways to prevent the regression of those rules. Therefore, it seems essential that the golden principle of presumption of innocence be applied to physicians as the manifestation of God's healing, and more attention be paid to it.
Full-Text [PDF 238 kb]   (1890 Downloads)    
Type of Study: review | Subject: اخلاق پزشکی
Received: 2013/08/4 | Accepted: 2013/08/4 | Published: 2013/08/4

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