Document Type : .
Authors
1
Assistant Professor, Department of Private Law, Khwarazmi University, Tehran, Iran
2
PHD student of private law, Kharazmi University, Tehran, Iran
Abstract
Medical liability encompasses a physician's obligation to compensate for damages incurred by patients as a result of medical actions and decisions. This liability can be categorized into two types: contractual liability arising from the agreement between the physician and patient, and extra-contractual or statutory liability based on general laws and regulations. The elements constituting medical liability in Iranian and Egyptian law are largely similar, encompassing medical error, the occurrence of harm, and a causal relationship between the error and the harm. However, Egyptian law additionally considers the element of "unlawful act" as a foundation for a physician's civil liability. A comparative analysis of medical civil liability in the Iranian and Egyptian legal systems reveals that the effects of a physician's contractual liability in both countries are of the nature of an obligation to perform. Moreover, the physician's liability in neither of these legal systems is strict liability. Nevertheless, the elements for establishing a physician's civil liability differ in some instances between Iranian and Egyptian law.
Keywords: Medical Liability, Doctor, Treatment, Obligation, Iran, Egypt
Introduction: Medical liability, a critical aspect of healthcare law, varies significantly across legal systems. This comparative study delves into the civil responsibility of doctors in Iran and Egypt, examining the sources of liability, elements required to establish it, types of liability, and available defenses. By analyzing legal frameworks, principles, and practical applications in both countries, this research aims to provide a comprehensive understanding of medical liability, contributing to the broader discourse on medical law and comparative legal studies, and benefiting legal practitioners, healthcare professionals, and policymakers alike.
Methods and Materials: This comparative study employs a legal research methodology, utilizing relevant laws, regulations, judicial decisions, and scholarly literature from Iran and Egypt to analyze and compare medical liability provisions, judicial interpretations, and scholarly opinions in these jurisdictions.
Discussion: This discussion will explore the complexities of medical civil liability in Iran and Egypt, focusing on several key aspects. It will begin by examining the legal bases for medical liability in both countries, including contractual and extra-contractual liability, and the influence of specific laws such as the Iranian Civil Code and the Egyptian Civil Code. Next, it will compare the elements required to establish a physician's civil liability, analyzing concepts like medical error, harm, causation, and the additional element of "unlawful act" in Egyptian law. The nature of a physician's liability will then be investigated, considering whether it is strict or fault-based, and highlighting the distinctions between contractual and extra-contractual liability. The discussion will also compare the consequences of a physician's civil liability, including the obligation to compensate for damages, the types of recoverable damages, and the calculation of compensation. Lastly, it will examine the available defenses for physicians facing medical liability claims, discussing informed consent, the standard of care, and the burden of proof in both legal systems.
Result : The study aims to provide a comprehensive understanding of the similarities and differences in the civil responsibility of doctors in Iran and Egypt. It will highlight the legal nuances, practical implications, and potential challenges associated with medical liability in these jurisdictions. The findings will be valuable for legal practitioners, healthcare professionals, policymakers, and researchers interested in medical law and comparative legal studies.
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