Medical Moral Liability between Islamic Republic of Iran and Italy

Abstract

Nowadays, medical malpractice is considered to be a current topic in law; however, there`s no unanimity as to its definition among different countries. Therefore in this article a comparative study of moral responsibility and medical malpractice laws in Iran and Italy is presented. The goal of this article is comparing medical malpractice laws in Iran and Italy. It will study moral and civil and criminal liabilities of the practitioner, the foundations of liability, the basics of practitioner’s liability, patient’s consent, practitioner’s duty in disclosing information regarding the illness and the side effects of treatments. The study shows that in both countries, the Theory of Commitment is considered as the criterion for causing liability, and the practitioner’s commitment in monetary matters is an obligation of means.

Keywords: Practitioner’s liability, civil liability, moral responsibility, foundations of liability, basics of liability, patient’s consent.