Causality in developed injuries and diagnostic errors of physicians()with emphasis on fetal anomalies and thalassemia)

Ghorbani, Ali Asghar; Rostami, Hadi; Ashouri, Mohammad

doi:10.22034/jclc.2026.552871.2175

Causality in developed injuries and diagnostic errors of physicians()with emphasis on fetal anomalies and thalassemia)

Articles in Press

Document Type : Original Article

Authors

Ali Asghar Ghorbani ¹

Hadi Rostami ²

Mohammad Ashouri ¹

¹ Department of Criminal law and Criminology, Science and .Research Branch, Islamic Azad University, Tehran, Iran

² Associate Professor, Department of Law, Faculty of Humanities, Bu‑Ali Sina University, Hamedan, Iran.

10.22034/jclc.2026.552871.2175

Abstract

A felony shall entail qisas or diya only if the resulting consequence is attributable to the perpetrator’s conduct. Two types of the most difficult medical expertise cases are the development of felony and the birth of thalassemia and abnormal babies. In the development of felonye occurres death or greater damage after initial damage. Infact, the development of injuries refers to attributing one crime to another crime. The legislator has legislated in this area without explaining what he means by the term development of crime, which has caused many ambiguities.In the birth of thalassemia and abnormal babies caces, parents has led to lawsuits against doctors for failing to diagnose fetal abnormalities during pregnancy or misinterpreting the thalassemia premarital test. In the diagnostic errors in question, the attribution of the result to the person is relevant. Since thalassemia and fetal abnormalities are congenital, attributing the result to the wrongdoer is ruled out, but imposing the costs of treating and maintaining such children on the parents is the main legal problem for the medical practitioners.

Keywords

"causation"

"attribution"

"diagnostic errors"

"development of injuries"

"thalassemia"

"abortion"

"forensic medicine"