تحول در مفهوم تقصیر پزشکی و مصادیق آن در نظام حقوقی فرانسه

The course of the medical liability developments in the French law since the beginning of the present century up to now has been noticed in different respects. The fundamental basis of the mentioned developments should be sought in the social movements shaped at the outset of past century. The joint point of the related philosophical schools is the protection of the individual rights the most obvious of which are the consumer rights. The theory for the protection of consumers as the weak parties of the contracts has been raised, adopted and institutionalized in the past century. This theory has prevailed in the beginning of the present century and today has taken the form of a general legal rule. Therefore, following this thought, it has been tried in most legal systems to take steps in respect of creating a balance in relations between the consumers and the professionals. The relations between the patients and the physicians are not an exception to this general rule. For this reason, being inspired by this thought, the leading case law in the area of the medical liability has created developments in the French legal system that have been noticed by the French legislators. A review of the laws and regulations of the recent two decades states the fact that the institutionalization of the fundamental rules and principles of the consumer rights within the medical law is the main basis of the reformations. The Act of March 4th 2002 under the title of “Act on the Patient’s Rights and the Quality of the Health System” is an obvious evidence for this claim. The author, by studying the mentioned developments shaped based on the attitude protecting the consumers of medical and treatment services seeks to bring about the grounds for the use of their achievements in the Iranian Law.