Abstract:
In this article, first of all, the views of the great jurists, whether Shia or Sunni, have been examined with respect to the two principles of "must be sufficient medicine" and "the rule of beneficence". Then, the writer has paid attention to the criminal liability of a doctor in terms of the definition of this term, legal articles, etc. At the end of the sayings of the great jurists regarding civil responsibility, the conditions of medical non-responsibility and the issue of acquittal have been carefully considered
.Machine summary:
"But the main difference of the jurists is that who is the one making the excuse, is he sick or the patient himself? Or both? Sahib Miftah says that the meaning of the narration is not that the cause of the excuse was created, and Sahib Masalak and Kashif al-Latham who took this view and They have said the basis of it, but he must make an excuse, they did not understand the matter correctly, because the meaning of tatabab is that he has the will to do it, not that he has done it, and this is compatible with the custom and understanding of the jurists, and the reasons they have given and said are just the need to make it legitimate. It cannot be ruled, it is not trueBecause we have many rulings that have been issued only out of necessity despite the opposition of the evidence, and the weakness of the narration is compensated by the reputation that is known and even quoted in the words of the opponents. It is discussed here and in Irshad and Tahrir, and at the end he concludes that this issue has reached the level of consensus as it appears from the appearance of al-Ghaniyyah and al-Tanqih, and since it is an essential need of the people, and it is not clear that the evidence of guarantee in a similar crime Intentionally, after permission and permission, includes ma nanah fiyh, so the requirement of principle is non-guarantee, and we have already said that it has not been proven that every loss is a cause of guarantee, because sometimes it is obligatory for the patient to see the doctor, and it is also obligatory for the doctor. is to treat him."