ABSTRACT
The question of weather the physician is guarantor in the cases when the patient hurted or died during the cure period was brought to the question from a long time ago. In this study after reconsidering the two doctrines of Shiite jurisprudents and for and against reasons it is concluded that for reasons can not prove the claim about the physician guaranty. Since, nowadays, physician theoretically and practically study in general specialty courses and at the end swear to applying medical rules, orders and skills with respect to the divine and humanity dignities, granting the guaranty is unjust. Of course, there is no disscusion about responsibility of physician if he/she goes to extreams in remedial process. But if the basis is on the physician guaranty [taken from some of the articles Islamic criminal law], it remains a place for more critiques. It seems that, in new reconsidering, the basis is on the none guaranty of physician, it means the lack of necessity to take acquittance from physician, unless it is opposite proved. It is a part of Ehsan rule which takes off the responsibility