چکیده:
Regarding fetal abortion, a single article was approved by the Islamic Consultative Assembly on 2005.05.31, which indicates the legislator's permission for abortion before four months of pregnancy, provided that certain conditions are met and formalities are completed; however, despite this resolution, the responsibility of the physician and pharmacist still exists in some cases. This responsibility arises from negligence in diagnosis, failure to observe legal formalities, failure to inform, incomplete and ambiguous information, selection of an inappropriate method, and finally, improper performance regarding the abortion. Furthermore, the aforementioned single article regarding abortion after four months does not specify the status—provided that the conditions for legal abortion before four months are met. In this article, first, the cases of responsibility of the physician and pharmacist in abortion before four months will be studied and examined under the assumption of legal permissibility resulting from the single article under study, and subsequently, the responsibility or non-responsibility of the physician in abortion after four months, despite the conditions stipulated in the said single article, will be discussed.
خلاصه ماشینی:
Civil Liability of Physician and Pharmacist in Medical Abortion Seyyed Mohammad Sadegh Tabatabaei 1 Abbas Niazi 2, Nekta Niazi 3, Niloufar Nazari 4 Abstract Regarding abortion, a single article was approved by the Islamic Consultative Assembly on 2005.
In this article, first, the cases of physician and pharmacist liability in abortion before four months will be studied under the assumption of legal permissibility derived from the single article under study, and subsequently, - Member of the faculty of the Law Department, University of Isfahan, Isfahan, Iran.
According to the end of this same single article, violators of the implementation of this law will be sentenced to the punishments prescribed in the Islamic Penal Code, because according to the well-known view in Shia jurisprudence, the physician is responsible for the harm caused to the patient, even if they have not been negligent, unless they have obtained a release from liability before treatment9 (Kazemi, 1389 SH, p.
5- Negligence during the performance of a therapeutic act Regarding medical tests, treatments, simple surgical procedures, and cosmetic surgeries, it has been said that just as the judicial practice of France considers the physician's obligation to be an obligation of result25, in Iranian law, this category of physicians' obligations can also be considered an obligation of result, where proving negligence is not deemed necessary, and the mere failure to achieve the result and the occurrence of damage is considered sufficient for liability (Teree, 1999, 463; Safaei, 1391 SH, p.
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