Culmination of Law

Culmination of Law

responsibility for deprivation of treatment, Missing element in medical error cases

Document Type : Original Article

Authors
1 Ph.D. Student of Law, ferdowsi University, Mashhad, Iran.
2 Associate Professor, Forensic Medicine Organization, Mashhad, Iran.
Abstract
The patient's referral to a physician is intended to prevent possible future illness or to treat an accident. Although such a goal is often achieved, it is also worth noting that failure to properly diagnose or delay it can lead to a loss of effective treatment. Deprivation of such an opportunity has a degree that begins with a delay in recovery and may fluctuate until the end of the patient's life. It is obvious that in case of consolidation of the conditions of the existence of the treatment duty, the occurrence of the loss and the proof of the causal relationship, the deprivation of the treatment opportunity must also be considered as one of the forms of fulfilling the responsibility. An examination of the claims relating to the claims of the faults and errors of the medical practitioners suggests that the fulfillment of the responsibilities of the proprietors of this letter is measured solely on the basis of the eventual loss. However, simply depriving the patient of the opportunity for treatment can also lead to fulfillment of conditions leading to fulfillment of responsibilities.
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