نقش قاعده احسان در مسووليت مدني پزشك

The Beneficence Rule of the Physicianʹs Civil Responsibility

Medical measures often have beneficial results for patients, but in some cases, it leads to patientʹs loss or death, although the physician does much effort and makes no faults. However, most of Imamieh jurists believe in physician s civil responsibility in this case. Some jurists consider it with no civil responsibility according to beneficence rule, and it needs much thought on this rule with attention to these two different ideas. This article aims to study beneficence rule in physicianʹs civil responsibility according to different viewpoints of jurists and the obstacles of this rule execution. It is concluded that there is no general command for physicianʹs beneficence, since it is based on common law. So, the physicianʹs behavior toward patients and the intention may be considered beneficent or may not in different situations. There is no civil responsibility in all cases that the physician is known beneficent, since civil responsibility and beneficence can not be (gathered) together and Ehsan Verseʹs language and style is common for this case.