Esra Publishing Center, the exclusive publisher of Ayatollah Javadi Amoli's works, started working in 1993; Among the missions and duties of the center are the production of written works with the desired and standard quality, fast and timely supply at the right price and supporting the products, providing easy, fast and low-cost access to the products for the domestic and foreign audiences, attending domestic and foreign international exhibitions, ….
If a doctor mistakenly prescribes a medicine and the nurse gives the medicine to the patient based on the doctor's complicated prescription and the patient dies due to taking the medicine, is the doctor who caused the loss a guarantor? Or the nurse who was in charge of the loss? If the doctor is the guarantor, tell me the reason for it?
1. If a qualified doctor gives medicine to a patient or instructs him to eat or use it and the patient suffers or dies, the doctor is a guarantor, even if he is a specialist.
2. If a competent doctor does not give an order, but only presents his medical opinion regarding a certain disease and the way to treat it with a certain drug, and the patient takes action personally and harm comes to him, the doctor is not a guarantor.
3. If the nurse realizes that the medicine is wrong, knowingly gives the medicine to the patient, he is a partner in the guarantee.
4. If the nurse is not aware and only gives the medicine to the patient according to the doctor's order, he is not a guarantor.
5. The reason for guarantee is the rule of loss, which is used from authentic texts.
6. In the aforementioned provisions, there is no difference between the doctor getting paid; or be free.
