Health, Spirituality and Medical Ethics (Dec 2023)
Criminal Liability Arising From Medical Staff’s Negligence in Abortion
Abstract
Background and Objectives: Abortion has been accompanied by challenges in various legal systems and religious doctrines, with different countries adopting varying criminal policies regarding it. Regardless of the legal systems’ perspectives on the permissibility of abortion, the issue of criminal and civil liability of medical staff in cases of abortion remains significant. While various provisions have been set forth in the Islamic penal code (IPC) and the law on protection of family and youth in Iran, the concept of negligence has received less attention in this field. The aim of this research was to examine the responsibility of medical staff in cases of neglect that result in abortion. Methods: The present study was conducted using an analytical-descriptive method and relied on library sources. Additionally, information was gathered through documentary research involving the study of laws and reputable jurisprudential sources. Results: Based on the research findings, different rulings exist regarding negligence, with possible implications of intentional crime attributed to medical staff in certain cases. Conclusion: According to the investigations conducted, the legal system in Iran, among others, considers medical staff liable for punishment even in instances of mere negligence. Furthermore, upon meeting certain conditions, such as the presence of a duty and a causal relationship, medical staff will be held responsible for negligence resulting in abortion.
