Typology of Criminal Liability of Medical Staff in Cosmetic and Reconstructive Surgery

Abstract

The increasing expansion of cosmetic and reconstructive surgeries in Iran has made the criminal liability of medical staff one of the important challenges of medical law. On the one hand, the Islamic Penal Code of 2013, by accepting the legitimacy of the principle of legitimate surgery and emphasizing consent and compliance with technical and scientific standards, has attempted to establish a balance between patient protection and physician job security. On the other hand, the increase in criminal cases and complaints resulting from medical errors in cosmetic procedures shows that the limits of criminal liability of physicians, anesthesiologists, and other members of the treatment team are still unclear for many litigants and even some review authorities. This study, with a descriptive-analytical approach and relying on sources Jurisprudence, case law, and doctrinal writings address the typology of criminal liability of medical staff in cosmetic and reconstructive surgeries and attempt to classify the types of this liability based on criteria such as the type of fault, type of procedure (purely cosmetic or reconstructive), the status of consent and innocence, and the severity of the harmful outcome. The results show that despite the principle of the innocence of the committed physician, if negligence, carelessness, lack of skill, or failure to comply with government regulations are established, criminal liability in the form of blood money, imprisonment, fines, or deprivation of employment will be imposed on the medical staff members, and the patient's consent alone is not sufficient to discharge the liability.