| چکیده انگلیسی مقاله |
Abstract Numerous surgeries are performed daily, some necessary and some unnecessary. With the advancement of medical sciences, the rate of medical errors has significantly decreased, and in most cases, skilled physicians begin the treatment process for patients by conducting initial procedures and necessary tests. Certainly, not all surgical procedures are performed with the patient's full consent. Thus, we witness damages and losses to patients, whether material, moral or physical. There may be various factors involved in harming the patient, such as a medical error in diagnosis, prescription of incorrect medication, physician's lack of required skills, or sometimes the patient causing the accident and damage themselves. Among all other damages, moral damages are worth noting. Like disfigurement of the patient's appearance and limbs, leading to their distress and isolation. This article takes an analytical descriptive approach to investigating and studying this subject in Iranian law. The methods proposed for compensation of moral damages are mostly punitive damages, actual damages, providing an equivalent, and non-financial methods such as apology and publishing the verdict in newspapers. But despite the clarity of the compensation methods, these methods are sometimes not quite suitable for the subject. In such cases, it is better to use another method to compensate for the damage, such as paying attention to the circumstances of the injured party and what would alleviate their distress, so that the damage is fully compensated this way. In other words, attention to the legitimate and feasible remedy sought by the injured party, while maintaining the injurer's rights under the law's supervision, is proposed for better compensation |
| نویسندگان مقاله |
عاطفه نیک نژاد | Atefeh Niknezhad
Ph.D. Candidate, Department of Private Law, Faculty of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
دانشجوی دکتری، رشته ی حقوق خصوصی، گروه حقوق، واحد قشم، دانشگاه آزاد اسلامی قشم، ایران
علیرضا مظلوم رهنی | Alireza Mazloom Rahni
Assistant Professor, Department of Law, Faculty of Humanities, Qods County Branch, Islamic Azad University, Tehran, Iran.
استادیار، گروه حقوق، دانشکده علوم انسانی، واحد شهر قدس، دانشگاه آزاد اسلامی، تهران، ایران
علیرضا رجب زاده اصطهباناتی | Alireza Rajabzadeh Stahbanati
Department of Private Law, Faculty of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
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