The right to claim actual damages caused by medical crimes for the patient based on the philosophy of compensation

Background and Aim: This article examines the right of patients to receive fair compensation for medical malpractice. Its aim is to explain the philosophy of compensation and how to address injuries resulting from medical errors. This topic includes an analysis of existing laws, challenges, and solutions for supporting patient rights.Method: This research is theoretical and conducted in a descriptive-analytical manner based on library data collection.Results: In cases where medical error and negligence are established, patients can request not only financial compensation but also for their moral damages. However, the judicial system in Iran lacks a consistent and clear approach in this area, facing challenges such as the provision of blood money for physical injuries and legal ambiguities regarding extraordinary damages. Although laws reference the ability to claim moral damages, judicial practice typically finds it difficult to accept these claims, and jurisprudence has only limitedly addressed the issue of moral damages.Conclusion: The violation of patient rights by healthcare authorities poses challenges for the judicial system. Weak oversight, disregard for patient conditions, and the absence of coherent supportive laws lead to the neglect of patient rights and the lack of compensation for damages resulting from medical actions. Therefore, lawmakers must undertake measures to address these existing shortcomings in order to provide comprehensive treatment, economic, social, and cultural support for these vulnerable groups, especially specific patient populations.

کلیدواژه ها:

actual compensation ، medical malpractice ، philosophy of compensation.