The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Civil liability of a Physician in Case of A Disease: An Examination of A Judgment Related to Wrongful Birth

Document Type : A critique of the civil court's judgment

Author
Afrouz Samadi
Holder of PhD, Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
10.22034/analysis.2026.2083710.1185
Abstract
The patient consults a physician with the aim of treating his or her illness, and treatment is not possible except through the correct and timely diagnosis of the disease. Therefore, the diagnosis of illness, as a necessary preliminary step and according to customary practice, falls within the scope of the physician’s duties.The importance of diagnosis is greater in some cases, including fetal abnormalities, which in some cases can be prevented through abortion or improvement.Whenever a physician’s fault in diagnosing a disease leads to an aggravation of the condition or to the loss of an opportunity for treatment or control of the disease, the physician is considered liable for the additional costs incurred by the patient. Otherwise, in situations where, despite the physician’s diagnosis, there is no opportunity or possibility for treatment or mitigation of the disease and the patient would in any event be required to bear the treatment costs, no liability can be attributed to the physician in this respect. However, since mere misdiagnosis or failure to diagnose is regarded as a fault on the part of the physician, the patient is entitled to receive moral damages. Such damages arise from the provision of incorrect or insufficient information, the inability to foresee the future, and the suffering and distress caused thereby. Accordingly, this article, while critically examining one of the relevant judgments concerning a physician’s error in diagnosing and misdiagnosis fetal abnormalities and aiming to delineate the scope of physician’s liability, first clarify the breach of the duty of diagnosis as a harmful act (first section) and then review the causal link between the breach of this duty and the pecuniary and non-pecuniary damage suffered in this regard (second section).


Keywords
diagnosis of illness
medical equipment
adequate cause
moral damageTop of Form
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The Journal of Critical Analysis of Judicial Decisions
Volume 5, Issue 9 - Serial Number 9
August 2026
Pages 312-340