The Compensation for Damage to the Patient and the Review Process by Medical System Boards
Keywords:
Civil liability, compensation, patient, medical system boardsAbstract
The liability of physicians for medical errors is one of the oldest topics in medical law, which, as an accepted principle, grants the patient the right to seek compensation from the physician for damages resulting from a contract or criminal act. The medical system boards serve as venues for addressing patient complaints regarding damages caused by medical services. This review process generally involves receiving the complaint, examining documents, creating a case file, holding review sessions, and ultimately issuing a final ruling. The present study, conducted using a descriptive-analytical method through library research and note-taking, explores the procedures for handling claims and the basis for compensating damages according to medical system laws and regulations, as well as the specific conditions of each case. This process may include medical, legal, and social assessments of the damage to the patient, reviewing medical care standards, and comparing them to the actions taken. The outcome of this review may result in the approval or rejection of the patient's claim, as well as the obligation of the physician to provide compensation. However, the performance of these boards and the success rate of patients in obtaining compensation is an issue that requires further examination and evaluation.
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References
Abbassloo, B. (2021). Civil Liability (Vol. 1). Mizan Publications.
Ashrafzadeh, M. (2018). Claiming Material Damages by Patients in Case of Medical Malpractice. Electronic Journal of Legal Research, 1(1).
Bariklu, A. (2022). Civil Liability (Vol. 2). Mizan Publications.
Flour, A. e. S. (2020). Droit civile, les obligation, l acte juridique. Armand colin.
Katouzian, N. (2018). General Rules of Contracts (Vol. 1). Behnashr Publications.
Katouzian, N. (2021). Civil Law (Quasi-Contract - Civil Liability) (Vol. 2). University of Tehran Publications.
Khoshnudi, R. (2013). The Evolution of the Concept of Medical Fault and Its Examples in the Iranian Legal System. Journal of Medical Law(26).
Panneau, J. (2018). Evilution du drout de la responsabilite medicale. Gazette.
Rahpeyk, H. (2021). Civil Liability Law and Compensation (Vol. 1). Khorsandi Publications.
Shoja Pourian, S. (2014). Civil Liability Arising from Medical Malpractice. Ferdowsi Publications.
Tavasoli, M., & Tavasoli, P. (2020). Medical Malpractice and Its Investigation in French Law. Journal of Forensic Medicine, 26(1).
Yazdaniyan, A. R. (2016). The Rule of Determining the Responsible Party for Compensation Based on the Harmful Act. Journal of Judicial Law, 80(94), 249-273.
