عنوان مقاله English
نویسنده English
Determination of the main cause of harm in the assumption of apparent interference of causes is a fundamental issue in the law of tort. One of the classic branches is the interference of the surgical operation with the act of perpetrator regarding harms inflicted upon the victim as a result of the surgical operation. Suppose a person who is injured as a result of a criminal action by another individual goes to a surgeon, undergoes surgery to treat the said injury, and suffers new injuries as a result of the said surgery. In such a case who is liable, the victim, the surgeon, both of them, or neither. If a surgeon is at fault and the damage caused is attributable to him, the causal relationship between the act of perpetrator and the damage caused by the treatment breaks, and the surgeon will be held solely liable for the injury in question. However, if the surgeon cannot be accountable due to lack of evidence proving malpractice, is the perpetrator liable for the injury caused by the surgery, or is it not attributable to him and he will not be held liable either. There was disagreement in judicial precedent on this issue. The General Board of the Supreme Court, in its capacity to create binding precedent, issued Decision No. 804, ruling that neither the surgeon nor the perpetrator of the crime is liable for injuries resulting from surgical operation. The content of this decision is that in this case, the injury was attributed to the victim's action in visiting the surgeon and consenting to the surgicall operation, or it should be considered to be caused by an external cause and force majeure, for which no one can be held liable. A result that does not seem justifiable based on legal rules and Sharia standards, and cannot be accepted by a sound mind. In this article, we examine and analyze this issue from the perspective of jurisprudence and statutory law, and by criticizing the decision of the General Board of the Supreme Court, conclude that in case there is no liability attributed to the dsurgeon for the damage caused by the surgical operation, the damage should be considered as a result of original injury and the perpetrator should be held liable for the said damages.
کلیدواژهها English
