Analysis of the Medical Malpractice Compensation System with Emphasis on Legal Gaps in Iranian Law
Subject Areas : حقوق پزشکی
Negin Bani Noor
1
,
yasaman yaghobi
2
,
Ambar Dwi Erawati
3
1 - Master of Private Law, Law Department, Ahrar Higher Education Institute, Rasht, Iran
2 - Associate Professor of Educational Management, Department of Nursing, Shahid Beheshti School of Nursing and Midwifery, Guilan University of Medical Sciences, Rasht, Iran.
3 - Master of Science in Private Law, Department of Law, Faculty of Humanities, Widya Husada Semarang University, Semarang, Indonesia.
Keywords: Medical error, compensation, physician's civil liability, patient rights, Iranian law,
Abstract :
The increasing complexity of medical services and the expansion of medical interventions in recent decades, along with the rising awareness of patients regarding their rights, have led to a significant growth in lawsuits arising from medical errors. In this context, the "compensation system," as a fundamental pillar supporting the aggrieved, plays a decisive role in achieving restorative justice and guaranteeing patients' rights. However, an examination of the existing regulations in Iranian law reveals that the compensation system for medical errors faces numerous challenges and legal gaps, including ambiguity in the standard for identifying a medical error, difficulty in proving fault and causality, limitations in fully compensating for incurred damages (especially non-pecuniary damages), and the inefficiency of certain support mechanisms such as professional liability insurance for physicians. This article, with a descriptive-analytical approach, seeks to analyze the compensation system for medical errors in Iranian law and identify the most significant legal gaps in this area, attempting to provide legislative and procedural solutions to enhance the effectiveness of the compensation system and more effectively support patients' rights.
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