Evaluating the Causal Relationship in Treatment-Induced Injuries

Abstract

Mistakes in the treatment of patients are an inseparable part of medical field.  However, diagnosing whether there is a causal effect between the physicians fault and the injury received by the patient is the complexity of cases related to medical offense.  Islamic Penal Code 1392 has made basic changes not only by creating treatment liability and replacing physician fault theory instead of pure liability of the physician theory, but it also , concerning that the relation between causation and citation should hold distance from materialistic and philosophical controversies and thus heading a new approach by believing that the science of Law is formed on the basis of customary relations, has tried to use custom and the degree of reprehensibility of the criminal act  and distance itself from philosophical controversies and bring the rule of causation closer to justice and fairness.  The legislator of 1392 has made fundamental developments in this field such as accepting relative liability, the possibility of simultaneously invoking the crime to the director and the cause and the element of intention in relation to causation and accepting the omission of an act as the cause of a crime. In this study, with focus on the causal relation in the treatment liability and by investigating  whether an issues such as the underlying disease, the physician's fault and also some omissions by the physician can be the causes of crime or not? We will evaluate these changes and the probable defects in this law.