Comparative Analysis and Study of the Civil Liability of Family Physicians Based on the Obligation of Means in Iranian and English Law
Keywords:
Civil liability, family physician, patient, obligation of means theoryAbstract
This study examines and analyzes the theoretical foundations of the civil liability of family physicians toward patients through a comparative approach between the legal systems of Iran and England. The principal research question concerns how the scope and foundations of the civil liability of family physicians in the two legal systems can be explained on the basis of the “obligation of means” theory, and what similarities and differences exist in this regard. The research hypothesis is founded on the assumption that, despite conceptual similarities concerning the obligation to observe the standard duty of care, structural and legal differences in definitions, protocols, and referral systems lead to distinctions in the manner of establishing and applying the civil liability of family physicians in Iran and England. The present study employs a comparative analytical method through the examination of constitutional and superior legal documents, statutes, regulations, judicial precedents, and legal doctrine in both systems in order to comparatively analyze the theoretical foundations of the civil liability of family physicians. The principal findings of this research indicate that, within the English legal system, due to the existence of Electronic Health Records (EHR) and codified clinical protocols, the scope of the family physician’s liability within the framework of the “obligation of means” can be defined and established more clearly. In contrast, within the Iranian legal system, ambiguity in defining the “standard duty of care,” together with weaknesses in documentation and referral systems, creates challenges in the application of the obligation of means theory and in determining the civil liability of family physicians. Ultimately, by clarifying the distinctions and similarities between the two systems, this study provides grounds for proposing solutions aimed at enhancing transparency and justice in the civil liability regime governing family physicians within Iran’s healthcare system.
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Copyright (c) 2025 Ali Ahmadi (Author); Hamid Reza Rostami; Ali Pourjaveheri (Author)
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