Although today,
in most legal systems there is the agreement on the necessity to take
responsibility for the physician’s actions according to duty of him/her to the
patients, but the difference on the basis of responsibility is still remaining.
Medical Malpractice theory has lost previous attraction for its failures, and
physician’s responsibility has also its drawbacks despite the advantages that
it has in compensation of the injured person. In French law, despite the physician’s
responsibility in fact is based on the theory of malpractice, but gradually
judicial procedure and Legislator has developed imposed obligations as an
exception to medical law, that it can be mentioned as a change in the
principles of responsibility. However, the
essential basis of the mentioned developments can be considered in
philosophical schools and social movements shaped at the beginning of the last
century, which their common point is the protection of consumer rights. Theory
of consumer protection as the weak contractual party, introduced, accepted and
institutionalized in the last century. This theory generalized at the beginning of the present
century, and today it is a general legal principle. Accordingly, in most legal
systems in order to maintain a balance between consumers and professionals
relationship, it
is tried to take steps to follow this thinking. This is also no
exception, between doctor and patient relationship. For this reason, inspired
by this idea the responsibility of medical jurisprudence makes the changes in
the French legal system that have been considered by legislators. Looking at
the rules and regulations of the past two decades, it is realized the fact that
the main basis for reform in this field is institutionalization of rules and
principles of consumer rights in the medical law. Rule Number 4 March 2002
entitled "Code relating to the patient’s rights and the quality of the
health system” is apparently evidence to this claiming. The author by studying
the mentioned changes which is formed based on consumer protective attitudes of
medical care is trying to provide the causes of the use of its achievements in
Iranian law. The mentioned
transformation of medical law in France may be summarized in three main axes
which includes change in the division of medical malpractice, in the
responsibility Basics, and in the means of proving negligence and compensation
methods. In this paper
,regarding to the importance of the medical responsibility principles it is
attempted to make clear how France
law has been able to support the expand of the patient’s rights as a
consumer of a medical liability, despite the failure of liability based on
negligence theory. |