عنوان مقاله [English]
Introduction: Considering the sensitivity of jobs related to health and medicine, it will be important and unavoidable to study the basic criteria affecting the imposition of responsibility and its eliminating factors on actors active in this field, in order to achieve justice and generalize community health. The purpose of this article is to explain the basis for imposing and enumerating the factors removing the responsibility of medical staff from the perspective of jurisprudence and law.
Methods: The present study is descriptive-analytical in terms of practical purpose, in terms of implementation method, and collecting information in it through library, research and documentary studies of valid jurisprudential and legal sources; Relying on fishery and collection tools.
Results: By examining and analyzing the existing jurisprudential and legal views, it can be acknowledged that despite the existence of many theories; The issue remains problematic, and the theory of separation of responsibilities seems to be able to bridge the gap.
Conclusion: In the field of determining the responsibility of medical staff, a distinction should be made between civil and criminal liability. The responsibility of the medical staff due to the lack of moral element and malice in most cases and the combination of medical practices with good faith is criminally excluded unless proven otherwise and the proof is the responsibility of the plaintiff. Imposition of civil liability will also be permanent in establishing a citation relationship, of course, in its real and not conventional sense.Therefore, it is necessary to educate and inform those in charge and monitor the correctness of their actions and, if necessary, to formulate a clear criminal and discriminatory policy in this regard. analyzing and integrating the results. The author of the article did not report any conflict of interest.