Civil Liability of Doctor and the Medical Staff

Nowadays, one of the important problems of law is tort of treatment system which civil law and tort of 1339 are quiet towards it. whereas, respect to patient and defense of human rights at the time of sickness and medical urgencies, has been known as the charter of patient rights without paying attention to age, gender and financial discrimination. Contemporary, if any fail in service or any mistake in planning or implementation causes unintentional consequence and damages, undoubtedly such an action is not appropriate to the patient's expectation. We have reviewed the mistakes that come from deception or ignorance of scientific principles will lead to the responsibility of the medical and therapeutic staff in this research and we have received special attention to the situation of diagnosis and treatment. Also, the process of producing and distributing drugs is different from other commodities. Therefore, care should be taken in applying the general rules and regulations regarding them. As we have reviewed, there are relatively comprehensive and comprehensive laws in our country, but there are also mistakes in this area that result is civil liability for culprits. Because in Iran's law, the basis of civil liability arising from medicinal activities is a fault that proof it, will be difficult for the lost. However, it can be said that it is possible to cite contractual liability to compensate for medical and medical personnel mistakes. Because other pharmaceutical products are often sold to the patient or consumer at pharmacies or by professional vendors, apart from medications that are given directly to the patient in hospitals or taken by a doctor. Therefore, contracting responsibility can be considered as one of the main principles of the claim for damages caused by pharmaceutical products. In the following, efforts have been made to explain the necessity of changing the medical civil liability system and approving special rules in Iranian law and establishing a special system of compensation for medical accidents