Transformation of the Basis of Medical Civil Liability in French law; From Absolute Immunity to Strict Liability Solutions for Changes in Iranian Law

Document Type : Research Paper

Authors

1 Assistant Professor of Private Law, Faculty of Law and Political Science, Allameh Tabatabai University

2 professor. University of Tehran

10.22099/jls.2024.43635.4707

Abstract

legislative experiences and legal scholars in French law has been studied through descriptive-analytical research. The purpose of the present study is to show the weaknesses of the basis of medical civil liability in Article 495 of the Penal Code and to try to extend the liability without fault of physicians and medical centers and to provide solutions to compensate the victims in case of medical malpractice. The study of the subject in French law shows that the judicial process of this country, through various legal solutions, has moved from the absolute immunity of physicians to the extension of their responsibility without fault. In French law today, although the principle of liability is based on medical fault, there are many examples of liability without medical fault, and these cases are expanding. Moreover, in cases where the strict liability of physicians and health centers has been accepted, in order to avoid imposing liability without fault on them and also to compensate the victims, through national solidarity and the establishment of a fund called "National Compensation Office", victims of accidents Medicine is compensated. Accordingly, it is suggested that the Iranian legislature, using the French model, while accepting and developing examples of liability without the fault of physicians and medical centers, establish an independent fund to compensate damages incurred without medical fault.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 03 July 2024

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