مسؤولیت مدنی پزشک در قبال بیماران اورژانسی (با مطالعه تطبیقی حقوق ایران و انگلستان)

This research has tried to scrutinize an important issue that is Civil liability of physicians for emergency patients (under its comparative form) for the first time in our legal literature. To achieve this the civil liability of physicians for emergency patients is examined from two perspectives A)civil liability for doctors who refuse to treat or leave emergency rescue. B)Civil responsibility in return for physician negligence patients under treatment. Research findings indicate that a single article of the Penal Code on withholding aid to victims and eliminating risks to life, penalties helping to save the lives of victims or refusing to treat emergency patients only leave of the best examples is the fault of the physician's civil liability will follow. If due to omission criminals such as death or disability as the result of medical negligence occur the physician will sponsor negligence under Article 295 and 450 IPC. On the other hand, although according to the law of consent to treatment and emergency surgery, the permission of patient or his guardian is not required, an exemption certificate will not be at fault but the fault of the doctor or surgical treatment on the basis of Article 497 to 495 and 450 IPC stresses civic responsibility. In the legal system of England due to the lack of legislated laws the principles are based on No-responsibility (physicians) for emergency survival. However, different judicial practices in this country indicate that exceptions according to the adoption of a "special relationship" (between doctor and patient) have been entered. In addition, physicians are required to adhere to a standard of care during treatment. However, the court's approach is based on the classification of patients with non-emergency alert and emergency alert.