The Basics of Physician Liability Case (Ayatollah Mohseni's Perspective with Emphasis on Afghan Jurisprudence and Laws)

The subject of this article is the basics of physician liability in the actions and practices of the physician, which have been examined in a comparative manner in the jurisprudence and laws of Afghanistan and in a descriptive-analytical manner, from the perspective of the venerable jurist, Grand Ayatollah Mohseni (RA), including the basics that he has accepted or rejected with reason; if medical procedures are carried out in good faith and in compliance with technical principles and with the consent of the patient or his legal representative, or in emergency situations and based on medical emergencies, they are worthy of appreciation and promotion. If a doctor does not perform his duties properly and due to negligence and negligence, his actions result in criminal consequences, he is liable for any criminal, civil, administrative, disciplinary, and moral liability; this is the case when, despite observing all technical points, the opposite of the intended effect is achieved and human or financial losses are imposed on the patient; on the one hand, the damage is attributable to the medical practice and according to some jurisprudential rules such as the principle of no harm, the principle of waste, the principle of non-invalidation of blood, etc., the doctor is considered responsible; on the other hand, the doctor has carefully performed the scientific and technical principles that require acquittal; therefore, the responsibility or acquittal of the doctor is debatable; if we believe in acquittal; the bases of the doctor's non-liability must be explained according to Islamic jurisprudence and Afghan law; this article seeks to explain the scientific reasons for this theory, from the perspective of the eminent jurist, Grand Ayatollah Mohseni (Holy Serah Quds), with an emphasis on Afghan jurisprudence and laws.