Background and Aim: In the medical profession, where saving lives and preserving human health are the ultimate goals, the phenomenon of medical error has become one of the most controversial and complex intersections of law and medicine. This issue becomes even more sensitive when a physician’s potential error not only may cause irreparable harm to the patient but also affects the physician’s professional reputation and the public’s trust in the healthcare system. Therefore, the aim of this article was to examine the criminal liability of physicians in relation to therapeutic error, with a focus on the distinction between fault and negligence. Methods: This study employed a descriptive–analytical research method. Data were collected through library research by reviewing statutory laws, judicial precedents, reputable articles, and specialized textbooks. Findings: In medical law, medical error is defined as a deviation from accepted standards. The distinction between fault (conscious deviation) and negligence (unintentional mistake) is decisive in determining the physician’s criminal liability. This differentiation directly influences both the legal outcome for the physician and the compensation of the patient, and it requires a precise examination of the circumstances of each case using the “reasonable physician” standard. Conclusion: The findings of this study indicate that although criteria such as the “reasonable physician” standard exist, distinguishing between these two concepts in practice faces significant challenges, including the lack of clear definitions of standards, complexities in proving causation, and inconsistencies in expert opinions.
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Nurbakhsh,S. A. , Tahriyan,M. and Davoudi,M. (2025). Physician's Criminal Liability for Medical Error: The Contrast Between Fault and Negligence. New approaches in education and health sciences management, 1(4), 10-20. doi: 10.22034/edus.2025.549673.1036
MLA
Nurbakhsh,S. A. , , Tahriyan,M. , and Davoudi,M. . "Physician's Criminal Liability for Medical Error: The Contrast Between Fault and Negligence", New approaches in education and health sciences management, 1, 4, 2025, 10-20. doi: 10.22034/edus.2025.549673.1036
HARVARD
Nurbakhsh S. A., Tahriyan M., Davoudi M. (2025). 'Physician's Criminal Liability for Medical Error: The Contrast Between Fault and Negligence', New approaches in education and health sciences management, 1(4), pp. 10-20. doi: 10.22034/edus.2025.549673.1036
CHICAGO
S. A. Nurbakhsh, M. Tahriyan and M. Davoudi, "Physician's Criminal Liability for Medical Error: The Contrast Between Fault and Negligence," New approaches in education and health sciences management, 1 4 (2025): 10-20, doi: 10.22034/edus.2025.549673.1036
VANCOUVER
Nurbakhsh S. A., Tahriyan M., Davoudi M. Physician's Criminal Liability for Medical Error: The Contrast Between Fault and Negligence. Educational Management - Health Sciences, 2025; 1(4): 10-20. doi: 10.22034/edus.2025.549673.1036
