چکیده:
Removing one’s organs with one’s permission to be transplanted to another person is a common medical method today; but doctors liability or the fear of it occasionally has had a negative effect by preventing them to perform it, though it seems that donor’s permission removes this liability. This article studies different viewpoints in this issue and their arguments. The results show that the doctor who is proficient in his job and do not go beyond his/her medical responsibilities is not liable due to damages caused in organ procurement because none of the proofs includes this case.
خلاصه ماشینی:
Evidences for the physician's liability with the person's permission to remove organs and its critique In order for the physician, despite being authorized by the visitor, to also be liable for the damages caused by their actions, various reasons can be mentioned, some of which have also been referred to in the argumentative books related to the science of jurisprudence.
In our subject of discussion, which is the patient's permission to the physician to proceed with treatment and medical operations in case of injury to the patient and the examination of the physician's civil liability in such a case, the famous ruling among jurists is that even if the physician is skilled and specialized and obtains permission from the patient or their guardian for treatment and healing, they remain liable and committed regarding the injuries and damages that occur during the stages of treatment; this means that the aforementioned permission does not remove the liability related to the physician's actions; rather, the physician can only be released from that commitment and liability if they have previously obtained an exemption (disclaimer of liability) from the patient or their guardian (Tusi, 1400 AH, p.
Evidence for the non-liability of the physician with the person's permission to harvest organs The second viewpoint in the issue is the non-liability of the physician, meaning that with having permission from the visitor, the physician is both Sharia-wise and legally authorized to perform medical procedures on the visitor and, moreover, will not be liable for the damages that arise as a result of his actions (Ibn Idris, 1410 AH, Vol. 3, p.
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