نوع مقاله : مقاله علمی - پژوهشی
نویسندگان
1 گروه حقوق، دانشکده ادبیات و علوم انسانی، دانشگاه بیرجند، بیرجند، ایران
2 دانش آموخته دکترای فقه و مبانی حقوق اسلامی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The importance of taking action to save another person's life outside of medical settings, especially by doctors due to their skills and training, is evident. However, these individuals often refrain from intervening to help and save a patient because of the potential legal responsibilities that might arise in such situations. Therefore, various countries have adopted measures to increase emergency assistance. One such measure is the enactment of legal obligations for assistance and criminalization of abandonment. Another approach is to remove obstacles to helping the injured through laws that facilitate emergency aid. In the United States, laws known as Good Samaritan laws grant legal immunity under certain conditions for injuries caused during assistance, encouraging people to help the injured with greater confidence. However, in our country, despite the necessity of a doctor's intervention in non-contractual relationships to save patients' lives, such laws do not exist. Therefore, this article examines the necessity or lack thereof of enacting laws similar to the Good Samaritan law in Iran. Although the rule of benevolence (Ihsan) is similar to Good Samaritan laws in many ways, differences prevent it from providing sufficient immunity and thus do not create the necessary motivation for emergency aid, making legislative action necessary in this regard.
کلیدواژهها [English]
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