Medical Law
Year:2013 | Volume:2 | Issue:3|Papers Count:4

Iran is the only Islamic country that its legal system is based on Shi’a school of Islam and formal legislative system of the country encompasses religious considerations through democratic-theocratic political system. In Iran religious, politico legal and ethical discourses are overlapping and have official and implicit interactions. Generally, in Iran, few laws and regulations have been exclusively ratified in order to legalize ethical issues in biomedical practice or to guarantee an ethical biomedical practices. But inside other more general laws, such as criminal or civil law, there are some parts or clauses related to these subjects. In this paper we reviewed those legalizations within Iran legal system that deal with ethical dimensions of issues such as abortion, organ transplantation, assisted reproduction, medical professional ethics, stem cell researches, helping people in serious dangers, confidentiality and euthanasia. Despite of noticeable achievements of legalizing ethical issues of biomedical practice in Iran during recent years, more attention should be paid to the issue of legalizing remaining topics for better organization of related activities and also protecting the human dignity and moral values, while considering pubic good. Issues such as human cloning, genetic engineering, stem cell researches and those concerning end of life cares in clinical settings, have not been legalized yet. On the other hand, the limited number of legalizations in these fields as organ transplantation and assisted reproduction are not comprehensive and just include one aspect of the subject as we showed in this paper. This situation increases the possibility of misinterpretations and misunderstanding. The need for a comprehensive law for biomedical practice while considering ethical issues in Iran should be taken into consideration by responsible bodies.

In the late of the nineteenth century and the beginning of the twentieth, the scope of doctor duties and responsibilities used to have much smaller range than now. The death of patient in the hands of doctor was a matter of destiny that must be accepted as it is, without any thought of questioning or doubt. Those days and the days of paternalistic medicine are gone.Nowadays there is undeniably a greater awareness among patients of their legal rights and a greater willingness to enforce them. As society started to become more educated and well informed, the skills and honor of doctors that have are increasingly being questioned.At the same time, a higher public expectation in medicine came after a phenomenal advancement in medical science and technology. This advancement produces more complexity and, so, more risky medical treatments to be carried out which were not possible earlier.Regarding these rapid advances in health care development, the role of the pharmacist has changed affectedly over the last decades. The nature of pharmacy practice has changed from a chemist store-which main task was to hand out prescriptions and to make up preparations-to a modern pharmacy that incorporates pharmaceutical healthcare into direct patient care. As the direct relationship between pharmacists and patients develops, the increased possibility arises of professional negligence in their everyday practice.The study is aim to define concept, history and required elements to impose liability on physicians. Also the article is designed to identify most common types of pharmacist negligence. Also recognize main reasons of committing error by pharmacist and finding proper solutions for minimizing negligence.

Background: Regulation has been considered as a tool of performance improvement and an instrument of social justice. Medical regulation has obsessed Iranian legislator’s mind to a great extent but they didn’t specify a clear regulatory model.Method: The method is based on the literature review. The author tries to discuss different medical and legal aspects of medical regulation in Iranian statutes. Regulating managers and personnel, clinical governance, internal and external regulatory models with legislative and practical approaches to them are explained, also paid attention for upgrade public health.Results: patients' rights are sometimes breached due to diversified regulatory models. Most of medical institutes are oppose to make their performance clear. Hybrid regulatory model is suggested to use as an appropriate regulatory model with the most benefits and the least disadvantages. Public health plays a vital role in observing patients' rights in different medical issues.

Benumbing body or organs when enforcing discretionary and religious punishments has recently become a new challenge in Islamic law. Development of new techniques in medicine to benumb the individuals’ bodies and organs in medical practices including medical operations left almost no doubt to inflict pain and torment on individuals. But, are we permitted to benumb an individual's body or organ who is convicted to a religious punishment when enforcing that punishment? Like the Acts of most Islamic countries, Iranian Acts originates from Islamic law. The authors of the present article try to study this challenging issue from the viewpoints of interpretations of some verses from the holy Qur'an, narrations, reports, and jurisprudential judgments deduced by Muslim jurists. The authors conclude that if the pain and torment are included in the nature of punishment to make the offender avoid committing the same crime again, it should not be omitted but in some situations, insensibility is not forbidden. This article will also familiarize the researchers of other religions with Islam as a complete, merciful and forgiving religion.