ماهیت حقوقی رابطه پزشک و بیمار و سبب ایجاد آن

A glimpse on the writings that have addressed the relation between the physician and the patient shows that how the physician’s responsibility has appropriated most topics. Whenever the stage before it i.e. the physician’s obligations towards the patient were noticed, the looks have been focusing on the very obligation and its subject that ultimately leads to the responsibility. In this paper, it is tried to show that we have to deal with the legal nature of the relation before raising the topics on the physician’s obligations and their breach relying on the legal and juridical fundamentals in the law of contracts. For analyzing the legal nature of relation, it should be distinguished from the subsidiary law and obligations of that relation. It is natural that if the legal nature or the main implication of a relation that have been created due to legal cause are an obligation, the parties’ obligations and rights may be discussed in analyzing this relation. But we believe that the patient’s and the physician’s rights and obligations are a subsidiary matter preceded by the existence of another legal nature called deputation the truth and legal cause of which should be recognized.