World Applied Programming, Vol (4), Issue (1), January 2014.

73-80
ISSN: 2222-2510
2013 WAP journal. www.tijournals.com

Recognizing Medical Doctor Responsibility

in Irans Legal Law
Forouzan Alaeinovin
Department of Religious Jurisprudence and
Islamic law, Karaj branch, Islamic Azad
University, Karaj, Iran.
Forozan. novin@yahoo. Com

Abstract: Medicine always has been one of the most important careers in every society, so that in a lot of
communities doctor have been recognized as the most valid people and because they save or even cure patient
have back breaker responsibility toward people the for the legislators not only protect the medicine ethic but
also they passed some principles and rules to respect medicines majesty keeping peoples body and mind safe,
observing individual rights and setting up social disciplining and peace.
A cording to Islamic jurists if a doctor doesnt have scientific skill and quail fiction or cure people without
having any certificate or cure people without having any certificate or permit and mean while makes a problem
for someone, he will be responsible and should compensate it. Also this group has similar and common idea and
consider a doctor who ignores while curing, even if the patient has given written consent. But about this matter
there are two significant theories :the majority of imameh jurists consider the skillful, cautious and permitted
doctor as culprit and minority of imamieh jurists and sonnet jurists have commented about not being responsible
of non-culprit and not guilty doctor because they believe that loss and permission are against each other and
doctor is out of responsibility if he does this job based on right way and by the permission of the patient or the
patrons. Islamic legal legislator has considered the doctor out of responsibility in some cases including: medical
or surgery operations validity, patients or patrons permission, observing all scientific and technical procedures
and rules. Necessity of being specialist keeping correspondence between surgery and probable out comes and to
keep all states regulation.
Keywords: legal responsibility, doctor culprit, not culprit, permitted skill fall, cautious disregarding

I.

INTRODUCTION

(Dates are a solar calendar text).

from the long before days medicine in human communities had high and special position, so all the related staffs
necessitated themselves to keep and observe rules :some cases including :not to deceive patients illegal abortion were the
ethical principles of medicine and in the oldest swearing paper (Hippocrates) this issue has been paid attention a lot I in
the contemporary ages the new graduated of medicine have to oath to keep and save all human right by themselves :so
every countrys legislators of tiff event count vies because of supporting of med: cal ethics voles and respect to medicine
and also keeping individual rights and social discipline, in this cases recognizes this doctor guilty and realize them
deserve to punishment Irans legislation ministry isnt exception from this rule, because in addition to predictor special
rules in Islamic law and anther related laws, that shows a kind of legal and penal supervision on medicine caver they
established Irans medical system organization which has tried to supervise on medical staffs performing legally and
vocationally.
1-history of doctor legal responsibility
According to a lot of historians Egyptians among other nations have had long history in the medicine science they
appointed some rules that were man scripted in the holy book by some doctors and other doctors had to keep them to be
safe from some honorable punishment about refusing those rules if they protested these rules they would be killed (gheys
Ebn mohammad Al sheikh mobarak, 1998,p-40)Jewish people also had a court called DA-R-AL-QAZA(house of court
)that doctors had to get permit from there. In their idea if a doctor made a mistake he had to pay just financial penalty
and fine (IBID,P.41).

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1-1penalresponsibility in pre Islamic Iran

According to history, in the DRAYAS age, there have been some rules about medicine. According to them
If any doctor killed three people of different religion mistakenly, at first he was stopped from medicine and if he
continued rudely, he was charged to the punishment of intentional murder. In Zoroastrianism. In addition to appoint
special payment, they specified responsibility for them, if any mistake an assembly of medical doctors determined their
degree of mistake and fined them. One of the most important issues in Zoroastrianism law is abortion that it considered
as in tensional murder if any one killed 4months and one day fetus he would consider as guilty and punished as if he
committed intentional murder (Ahmadi,1967,p,133).
2-1islamic Iran
According to Islamic law, if unlearned and unlicensed people tries to care someone and causes to kill him is in charge.
What he did and if he is responsible for killing someone, he should pay the blood money. Even (Suspended)punishment
is considered for them and if they kill someone intentionally, they were convicted to capital punishment. When Islamic
troops caught Iran Islams legal rules and recommendation dominated Iran for 13centuries besides mongo lion yasachazani`s yezligh, taimurid tezok and some of king`s rules, tran`s legal rules has been based on Islamic jurisdiction
(pasha saleh,1969,p,163)in safvid time, there were some rules about doctor`s legal responsibility if a doctor caused to
someone`s death, patient`s relatives went to the doctor`s head man if he realized that doctor did well they had to pay
doctor`s working money, but if he made a mistakes. They informed the patient`s relative to get back the blood money
from doctor. In the time of Abbasid as a high rank manager of organization related to medical, pharmaceutical and
hygienic affairs had broad accthorities, in addition to supervise and warning of punishment, in some cases they give them
capital punishment if the doctor made a mistake (Algood,1992,p,312) in the time of QAJAR there were no change about
medicine, only king Naser, civil law passed called knot law book and says that murder committed in clouding
intentionally or an intentionally will be applied according to Islam and medical affairs are affected by Islamic Rules
(Hakimi ha, 1995, p, 17).
3-1contemporary Iran
1-3-1from constitutional revolution to Islamic revolution after the victory of (Constitutionalists) king Mozafar signed the
order of constipation in 1945at that time there was a high tendency to pass common law, but because clergymen
protested the common law, there weren`t any law until 1925just in 1930national conceal passed a rule called
(medicine)law that article 12 of mentioned law has referred to medicines responsibility, in spite all barriers and
resistance to pass the common law, eventually by pressure from the current government and also passing some penal
laws, general punishment law was passed in 1925that just talked about positive aspects of medicine, but in 1973this law
was corrected and legal punishment was added in second and third parts of article 42
2-3-1from Islamic revolution till present time after Islamic revolution, legislators were supposed to adjust common law
with the Islams rules those laws that weren`t against Islam continued to live and a lot of rules that contained doctor`s
crimes and legal responsibility were passed in clouding Islamic punishment rule (1982),blood money law 1982
Punishment law1983.
The most important issues that are included in Islamic penal law about doctor`s penal responsibility are;
1-the conditions of removing the surgeon and doctor penal responsibility regarding to treatment itself (article 59).
2-doctor`s pare responsibility about imposed losses to the patient including financial or physical or some treatments that
he does personally or orders them (article319).
3-admitting the condition of not being of responsible for the doctor and surgeon regarding to some crimes censed by
treatment (Articles 60,322).
To predict some crimes that a doctor may commit about their job including abortion, issuing false certificate and
revealing patient`s secrets for other (Articles 624,539,648).
2-determing the dominant rules on doctor`s responsibility in a general division one can divide this rules to two categories
main and sub rules main sources are those sources that doctor`s legal responsibility are fed from them, including ;law,
high supreme rule to unify legal and juridical procedure valid fat was.
1-1-2the LAW
Law is one of the most important dominant source on doctor`s legal responsibility and we shouldn`t confuse that with
other sources technically, law is called of some rules that by either appointed formalities in constitution has been passed
by the legislative part, or it is passed directly through referendum (Katoozian,1996,P, 122)from the first days of history
there were some rules indicating doctor`s legal responsibility, that some of them have been abolished by the next rules
and some of them are valid yet. Including:
1-the law for preventing sexual disease passed in 1941that in 1968 it was modified

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2-the law related to medical, pharmaceutical, edible and drinkable stuff and beverages passed in 1955.
3-asingle article for punishing refusing help to victims and removing life dangers passed in khordad mah of 1975that it`s
executive regulation was passed in 1988.
4-state law for medical and hygienic matters that was passed in 1988
5-a)Islamic penal rule (including ) purview-capital punishment blood money including 497article and 103subarticle was
passed in 1991to the Islamic council`s legal and penal commission approving and it was applied for 5years as
experimental after expiring that time in 1997another article as a complementary law for Islamic punishment rule was
passed that extended the time for ten years.
5-B) Islam legal law (preventive punishments and Punishment 1996).
2-1-2-juridicial procedure
Jurists, use this term in two meaning in public form, it is the too tall of all verdicts that are issued from different courts,
specially Irans super me court about similar claims, having known that, juridical procedure in public side, the credit of
any verdict is for that verdict and other court can`t interfere with. At first it seems that for doctor`s legal and penal
responsibility we can`t refer to verdicts from courts and branches of Irans super me court, but practically senior courts
penetration forces junior courts to follow their old rule and tradition in the special meaning, juridical trend means all
verdicts that general assembly of super me court issues to unify the trend among them, courts have to follow the super
me court rules about doctor`s legal and penal responsibility but also about similar topics and issues like that. Because
according to new article 270passed in 1998,all courts including senior and junior should accept the general assembly of
super me court about unifying the trend but unfortunately, there aren`t enough verdicts about doctors legal and juridical
inter predation and we can talk about doctor`s responsibility in the shape of law
3-1-2 Islamic jurists valid fat was
After Islamic revolution every aspect of our country was based on Islamic rules including doctor`s legal and penal
responsibility the legislator in 1991has done a very important step for achieving this important issue by passing second
part of article 59. It is worth noting that doing that doing some medical and surgical operation are allowed if they are
legal and valid if otherwise doctor will be under persecution
In spite of these clear points in Irans current legal system, unfortunately some operations that are considered tree of
punishment that is confusing
It seems that judges for realizing evident of surgical and medical legal operation have no choice but referring to the
Islamic is sources
2-2 doctor`s legal punishment rules sub sources
By sub sources we near all documents and sources that doctor`s legal responsibility are taken from them indirectly
including; common law and law experts ideas
1-2-2the common law
The common law are some rules that gradually and spontaneously have been known between all people as a forcing rule
(Katoozian, 1996,p,182)sometimes social life necessities are ignored from the eyes of law but need to social stability and
security that common law proceeds and tries to fill this gap earlier and finally making new law. For example for example
legislator in part b of partied 295 charges a doctor, that intention ally kills a patient, to pay blood money and consider
this crime as semi intentional (Mohseni, 1997,p,288)
2-2-2-law experts ideas
their ideas, are some sources that are effective in passing and modifying laws and courts verdicts directly and one of
them is doctor`s legal responsibility for example, till before 1973some new issue like plastic surgery and organ trans
plant had been performed that because of lack of legal texts indicating legality or illegality of these operations majority
of our courts were doubtful in this cues and couldnt issue a verdict by themselves for finding a good solution the law
experts believe that :the science has improved to a point that we should make some changes in law and patients consent
can save the doctor from punishment (Motemad, 1972,p,p,134)under effects of these ideas, eventually in 1973passed
article 42legislators give more work freedom to the doctors :
3-basics of accepting doctor`s responsibility relative to some crime censed by medical operates
1-3-basics of faulty doctor legal and penal responsibility
Fault means trespass of a behavior that a normal human can have in emergency state (Katoozian,
1995,vil,1,p,296)doctor`s fault means :breaching some rules that are in this area (Abasi,1999,vol,4p,91).

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1-1-3-doing some legal medical or surgical operations

It is clear that Islam allowed all doctors to do their legal operations but they aren`t allowed to do everything they want
because some of these operations are for bidden so, if a doctor in spite of having patient and relative consent does a
surgery if it is illegal. He is responsible for that so that the legislator in part 2of article 59 allows all medical surgery if
they aren`t against Islamic law. But because there is no direct rule about this problem in this case judge should refer to
the Islamic jurist law because articles 167and 214pased in 1999allows judge to refer to Islamic jurist law if they were
doubtful but about legality or illegality of some surgical operation like changing the gender, organ trans plant and
there are different ideas between Islamic jurists
2-1-3imprudence and care lessens
If a doctor is careless if he/she has the consent of patient or relatives he is guilty the reason is that he/she has mode a kind
of trespass for some body`s else and he is responsible, imamieh jurist also used other reasons and Islamic narrations
(Najafi, 1982, vol42, p, 42) carelessness means someone disregarding the scientific result that are commonly predictable,
does something that caused murder or physical damages and imprudent is someone who never thinks to outcomes of
what he did.
Tearing the in destine in abdomen surgery leaving behind some devices or bandage inside the body any amputation in
other any next to the part that is going to be operated mislinkage of doyen, injecting an ample that has intra muscular
usage or over radiating of physical ray that has medical usage and censes irreversible skin damages are all good
examples of doctor`s imprudence in their job (Goodarzi, 1998,p,250,)if we refer to the courts we can understand that
imprudence is one of the evident of doctor legal responsibility the sources for decreeing the accused doctor`s
imprudence, are Islamic jurist and experts in this field because in this case we have to refer to the experts. If they
approved. We consider the doctor as guilty and faulty.
In this case the proving doctor`s fault should be followed by the patient or claimant and never we are allowed to decide
about doctor according to his job`s result because doctor`s commitment is an evident to taking care, doing some
common treatments and trying to have better treatment. But in some parts because of fore consideration. Legislator has
changed commitment to take care and presenting the qualification to refusing the damage, so that doctor is responsible
for all losses that are caused by himself directly or because of others in other and better words according to this idea the
patient is free from giving some claim against the doctor
(Goldozian, 1991,p,143,katoozian,1995,p,320)in this case we should say that patient is free from bringing some reason
as long as doctor isn`t acquitted and should attribute it to an external reason but after doctor`s acquittal claimant situation
will change and patient can try to compensate his loss (Katoozian, 1995,p,326)Criteria;
Patient or claimant should perform and present following criteria and principles if wants to prove doctor`s imprudence or
carelessness (imani 2003,p,5)
A) There should be some standards about how to take care in different situations
B) In this case, doctor should have responsibility
C) This responsibility should be toward patient
D) Defect in doing responsibility should be the main reason for that loss
Principles
A) Should prove doctor or doctors fault and mistakes
B) Shows the cause and effect relationship between fault and damage
C) Shows the quality of negligence
Care less ness like imprudence can make some preparation to persecute doctor this rule not only is proved by some legal
and juridical texts but also one of the rules of medical system organization explicitly refers to that in fact according to
law passed in 1972 that says:every doctor can be a doctor in his specialized field but if he commits any imprudence he
should be persecuted(shahadi, 1997,p,143)
Carelessness is vice versa to the imprudence and is when someone should do something but they dont he like imprudent
persons attribute his care lessens to the others, but his care lessens drives him to commit a crime.
Not doing some works dike not doing some medical test before surgery, not doing chest x ray, not examining the heart
and not taking EKG before injecting some drugs that have the hazard of death and allergy are all evident of carelessness.
For realizing a doctor`s care lessens we should refer to the experts if a patient or claimant wants to prove doctor`s
carelessness he should keep four points:
A) Taking care has been assigned to the medical stuffs
B) Taking care and surgery isn`t in the standard level
C) Patient has damage
D) Caused damage is because of medical stuffs carelessness

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3-1-3-unskill fullness
All medical affairs need skill and Islam because all people have like right focused this subject allot and warns some
people who don`t have knowledge about that.
There are some verses in Shiite and sunned including responsibility of ignorant and an knowledgeable doctor including
And some narrates including
A)imam Ali (pbuh)says :governor should arrest 3groups of people a sinner clergymen, ignorant doctors and trans
potation renter who are miserable (Sadoogh, 1991,vol,3,p,92).
B) They are at prophet says: every one who cares people without.
Know ledge able will be responsible (Sadoogh, 1991, vol3, p, 93).
Unskillful ness can show itself in to two ways: scientific and practical
A) Scientific unskilled fullness includes not having enough experience in all affairs that need practice (goldoozian,
2001,p,144).
B) Practical unskilled fullness includes absolute acknowledge or relative knowledge about something
(Goldoozian,2001,p,144)a money conscious doctor, who always thinks about money, and cures the patients
rather send them to the specialist and cause to kill them will beers possible usually surgeons and other
specialists despite of their scientific knowledge, sometimes get practical unskillful ness who gps problem is
about their scientific unskillful lness if specialists and surgeons awhile surgery ask for help from their more
skillful coworkers they saved themselves from punishment.
4-1-3-not keeping government systems
Some Islamic jurists consider nit keeping medical rules as not keeping Islamic rules and doctor has to follow all
medical rules some jurists believe if doctor follows the medical rule. He isn`t responsible for caused damages in
Irans legal and penal law not keeping government rules is an evident for doctor`s legal responsibility part 2 of
article 59 and sub article 3of article 295 and sub article 336consider not keeping government system as a legal
and penal fault them not keeping government system is solely enough consider doctor responsible court can
decide about this case and not common law of course court can immediately or after being cleared of crime,
give verdict that doctor is quality and responsible because according to general principles the judge after all this
consideration should find a cause and effect relationship between.
Fault and loss to give a verdict, otherwise, namely, not proving
Accusative relationship between doctor`s fault and harmful result, doctor`s responsibility will not be approved
5-1-3: not being allowed in doing cure and treatment
According to imamieh jurists, not being allowed of doctors caused their responsibility and sometimes he is charged for
paying blood money or organ`s money, as heli says: doctor is responsibility for treating and chirring(Khoei, bita, vol
2,p,221)and imam Khomeini believes that doctor will be responsibility if he cures someone without permission, even if
he is knowledgeable enough (Khomeini, p,505)according to Irans subjective law one of the criteria of removing
responsibility from doctor is the patient or relatives
2-3-non guilty doctor`s legal responsibility basics imamieh have common idea about a faulty doctor, even if patient or
relatives have allowed him (Khomeini,p.505)but they different ideas about doctor`s responsibility, who did everything
well but his patient is dead. According to famous ideas of imamieh jurists if doctor causes death or physical damage for
his patient he is responsible and based on some famous words (Tradition)the cautious and skillful doctor isn`t
responsible. Islamic legislator following this common words in every cases, consider the doctor responsible and in legal
theory consider the non guilty doctor based on hazard principle (kisk theory )so, having passed part B of article 295and
319of civil law the legislator brings up the mere responsibility theory about medical affairs and preparation sib cause.
However in this case doctor is not responsible so called, but actually he is responsible and he should pay the blood
money not because of his mistake but because he damages someone and should compensate that (Jafaritabar, 1998,p,58).
Here we should bring some pros and cons about non-guilty medicine.
1-2-3-islamic narrations
Imamieh famous jurists have referred to two narrations to prove their claim:
Al sokuni narration from imam sadeq (pbuh)and imam Ail that says; every doctor who wants to cure someone should get
the patients patron permission otherwise he will be responsible (Anwari,1988,p,325). According to this narrative as long
as doctor does get permission he`ll be responsible surely, but some disagree and believe that so cane had it because of
weak nests isn`t attributable B:seconi says from imam sadeq (pbun)that he said imam Ail considered someone
responsible who circumcised someone (noori,1988,p,325)some disagree and say that doing circumcise was too men

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extreme and damaged that one (helli 1990,p,373,ardabilil, 1993,p,227)the common jurists believe that in this narrative
there isn`t any word of extern action or doing something too mode ( taheri, 1998,p,57)in spite of being know ledge able
and skillful he will be responsible.
The pros of this infamous narration referred to these narratives :A) Jonas EBN Jacob says that heaskel imam sadeq
(pbuh): a man prescribed a medicine or cut a vein that can be use full or no :and he said :he can do that (Koleini,
1996,vol,8,p,194) (Ameli 1997,p,222,moglesi 1983,vol,59,p,66)
B) Ahmad EBN Isaac says: I had a child that has got kidney stone doctor operated him and my child died, can I get
blood money?
But imam said :it isn`t your right, because objective was to treat but this death was your son fate
(kolini,1996,vol,106,p,53, Ameli, 1997,vol,21,p,496)
Jurists and clergymen in reply to these narratives say that these narratives don`t consider being responsible or not, but
also it considers having. Permission to do them disregarding the result (Ameli, 1997, p, 96, Taheri, 1998, p, 58)
2-2-3-common idea
Another reason that famous jurists brought up about responsibility of skillful doctor is common idea, in a way that EBN
EDRIS in a common idea about responsibility of doctor with pervious jurists (sheikh toosi, sheikh mofid and ..)
ignored his idea about not being responsible. But it isn`t a good idea, because at first :this idea when doctor isn`t skillful
in his job isn`t correct because it should be an evident in what is said by other`s while not only there is no any evident,
but also it is inferred from soak is word that doctor will be resistible for whatever or whoever he kills or damages we
there he is guilty or not :however. EBN Edris like his in sectors believes that doctor is responsible when isn`t skillful, but
this no a complete idea and can`t prevent considering the doctor quality, but it seems that promised common idea from
the jurists considering the common comment isn`t according to principles and problems of attributable common idea
from the cons isn`t accepted (Mohamadi, 1996,p,172).
3-2-3-using some Islamic principles
Some Islamic principles prove the responsibility of non quality doctor including loss (ravage) and without damage (No
damage) principles
A) Loss principle
According to this pineal doctor is responsible in all cases we there he is quality or not because whatever is important is
loss and not being quality or not experts have conflict of ideas in this case, some of them believe that doctor should pay
the blood money when he causes someone`s death or serious problem (Fazel,mechdad, 1983,vol,4,p,470) and some of
them believe that referring to this principle isn`t correct they believe that however doctor is responsible and he should
compensate on whatever he did, but because he has good intention can`t be considered as quality once For the sake of to
Hussain (shirazi 1994,vol,90,p,77)in adulation doctor is responsible when does his job out of caution and professional
limits in a response to the above-mentioned common mistakes we can answer that at first according to majority of jurists
any way doctor is responsible (Tabatabaei, 1993,p,399)second, patient`s permission is for treatment not killing and
thirdly if we consider patient`s permission, doctor will be responsible to some extent (Katoozian,1998,p,41).
B) Damage less ( No damage) principle
Another reason for considering a non quality doctor is this principle by this approximation that if a skillful, permitted
and careful doctor causes damage for someone, according to this principle loss is abolished if doctor pays the blood
money, it shouldn`t be forgotten that in Islamic legal system this principle covers all legal terms, because we have :
1-the words loss (undergoing the loss) and making loss are used in hadith, them they cover all issues and aspects
2-doctor is responsible to pay the blood money (validi, 1992, p, 126).
4-basics of accepting doctor`s responsibility to medicine about crimes related
Some crime about doctor`s include revealing patient`s secret deceiving the patient, issuing a critical out of reality and
avoiding helping to victims
1-4-keeping individual right and social discipline
In the way of doing their duties, some people maybe deviate and ignore some of duties and commitments. Here legal
laws come to birth and try to keep the social discipline some relationships between doctor and patient aren`t exceptions
from this rule for instance article 648a bout doctor and patient relations has been passed and says: if a doctor gives a
false certificate to someone for any reason will be prisoner for 6months to 2years and 3to 12million RLS as fine and if he
for that certificate gets some money, in addition to pay back the money he will be sentenced for bribery.

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2-backing of medical affair costumes and ethical rules

In the past, some passed law about medical dignity had more ethical aspect, but because these rules dont have guarantee
to be applied, different countries legislators have tried to insert this ethical rules in to their penal rules also, cheating the
patient that is against medical affairs and dignity has entered in Irans legal law and some punishments have been
appointed for the law breakers another point is ethical point if doctor avoids helping victims he will have A
misdemeanors presentment from 3months to 2years and some cash fine.
5-doctor`s penal responsibility from coworkers deeds
Today all countries accept that responsibility is something personal; however there are complexities and social various
relations that generalize a responsibility to more than one domain and more persons when a problem comes, it is true that
doctor isn`t directly in solved but he is responsible directly caused to do that in Irans subjective rules, legislator by
predicting article 25of blood money rule passed in 1992and after that article 319has accepted this area of discussion
article 319says:a doctor is responsible in someone`s death or problem directly or indirectly but we shouldn`t think that
doctor or absolutely is responsible about his coworkers wrong doings because doctor`s legal responsibility from his
coworkers deeds is based on achieving some conditions and commitments such as :they should take order of doctor and
second is that doctor is appointed as their manager :about the first condition we should say that requirement of this
responsibility is that detrimental operation has been done by doctor`s staff to assign this responsibility to the doctor (al
Hoseini 1987. P.189).
But necessity of second requirement, namely, "being responsible by the doctor is the evident points of doctor`s penal
responsibility from his coworkers if he isn`t manager or super visor, he won`t be responsible. If we understand dies of,
infection because all the devices weren`t disinfected, operating room assistant will be responsible and not surgeon, it is
worth noting that doctor`s penal responsibility from his coworkers wrong doing isn`t a real exception on the principle
responsibility being personal, because it seems unfair that when a coworker does something a doctor should be punished
but from the legal point of view this is a fault that is done by him, in fact it is similar to legal and penal responsibility in
crime spiritual partnership by this explanation that in the crime spiritual partnership, the doer of this partnership doesn`t
do anything, but it causes someone else crime committing in Irans legal law, not only committing a makes you
responsible but also causation can also makes responsibility in article 318it has been stated that Causation in a crime is
that one provides preparation a crime against someone or kill him/her and directly doesn`t commit a crime so that, if he
wasn`t there was no crime. Article 363sayswhen, presenting cause and committer in a crime cause is responsible unless
the cause is stronger. Article 319that shows doctor`s legal responsibility from his coworkers in fact is an evident of
article 363in other word if a nurse does the doctor`s orders wrongly, doctor isn`t responsible.
II.

CONCLUSION

1-the concept of doctor`s responsibility has been paid attention by the Muslim scientist aspects and from different.
From the Islamic jurists point of view, if a doctor doesn`t have scientific or practical qualification or cures someone
without knowledge or patient`s permission and makes a problem for someone accidentally. Will be responsible. There is
two main and important theory about doctor`s mistakes: the majority of imamieh jurists believe in responsibility of
allowed, cautions and skillful doctor and minority of imamieh jurist be live in non-responsibility of non-guilty doctor.
2-sonnieh jurists along with imamieh jurists commented about non responsibility of allowed, cautious and skillful doctor
because they think allowing and permission don`t get to get that and if a doctor is skillful and also allowed in his
treatment there won`t be any responsibility for him it seems that four religions group by understanding the medical social
necessity and mandates of keeping public health more than imamieh jurists showed flexibility about not being
responsible.
3-islamic penal legislator by following the common idea considers the doctor responsible in all cases relating to patient
and treatment and in law term, bases the non guilty doctors responsibility on the danger principle risk theory
4-in a total classification we can divide the sources dominating on doctors legal responsibility to two categories: main
sources are those sources that doctor`s penal responsibility rules feed them directly including law, Irans high super me
court and vahid FATWAS.
Sub sources are those sources that feed the above mentioned rule indirectly including common law and law experts
opinions.
5-totally it seem these is a conflict between regulations of part B of article 59with the regulations of part B article 295
and article 319,because according to article 59if doctors is allowed and keeps all the regulation in treating his patient and
if there is a problem, doctor won`t be responsible, while based on part B of article 295and 319, even if doctor keeps all
the professional points he will be responsible for a semi intentional murder the reason is that legislature system in Iran
is done by two methods and on the other hand it is tried to change the Islamic comments as a rule and also some
common law that are transcribed from the European laws are applied, then it is completely evident that Irans subjective

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laws and specially penal laws are completely explicit and for from different inter predation and this is the duty of
legislator.
6- In article 319, doctor penal responsibility of his coworkers mistakes has been adopted but is bound to some
conditions including coworkers should follow the doctors and second doctor is the manager or supervisor.
7-we can divide the medical crimes in to two categories. First those crimes that are result of doctor`s direct
treatment like murder, cutting the body organ and abortion. The next category are those crimes that criminal
deed in them isn`t considered as medical and are called medical related crimes like never ding a patient
secret, issuing a false certificate.
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