Medical Law
Year:2014 | Volume:7 | Issue:27|Papers Count:8

Many patients do not interfere in medical practice. The reason for this behaviour naturalization is the wrong mentality that people are just sick of doctors. Knowing the right choice rather than as an omniscient doctor should follow. Too many patients are unaware of their right to decide. Look at this research stage diagnosis decision on recognition arrangements including testing different checkups have the right to be sick and the government will treat the patient as a party to the contractual relationship looks like. Patient based on human dignity that is inherent rights are non-stripping. Among these rights is inherent right to self-determination and since a man's self is dominant his permission is needed for the treatment of physician involvement obtaining patient consent or permission of the patient in medical decisions.

Human Genetic Data is the key of most medical improvements. So it’s used in many researches in recent years and this has caused many legal and ethical issues. All of solutions are coming from this question that what is the legal relationship with their genetic information and what rights they can have that must be supported by legislator and respected by researchers. With the analysis of other countries law and the related opinions based on legal doctrine and analysis of the proposed approaches about necessary structure for legal protection of Genetic Data, we can say this information should be recognized as a religious property by regulations and protected against all of abusing such as discriminations in employment or insurance. Moreover the best way for supporting people against genetic discrimination and recognize genetic identity is that genetic information is considered as personal property.

Background and aim: HIV positive patients encounter a number of social problems in Iran such as discrimination or rejection at their workplace. Lack of knowledge about labour and social security regulations (LSS) among these sufferers make them incapable of restoring their rights. The main objective of this study is to measure the level of awareness of LSS laws among the HIV-positive, employed men at Imam Khomeini Hospital HIV Clinic in 1391.Methods: A descriptive-analytic survey was conducted among 113 patients. The collection of data was through the Researcher-Made Questionnaire using the consecutive non-probability sampling.Results: Most of HIV-positive employed men (61.9%) were highly aware of labour and social security regulations, and only a limited number of them (5.3%) had low level awareness of the issues. Most of the subjects in the study had good knowledge of the principles of labour regulations, work and wellbeing services, and occupational health (75.2%, 86.7%, and 61.1% respectively); although in terms of regulations on employment and work of foreigners and dispute regulations facilities, they had fair awareness.Conclusion: knowledge of labour and social security rights could offer a great support to the HIV-positive employed men. It seems that the use of mass media in sending out information along with planning educational program is necessary to promote the awareness of the patients of their rights.

The changes incurred after spinal cord injuries affect the sexual activity. One of sexual problems following the female spinal cord injuries is the sexual dysfunction or frigidity. The present paper examines this issue and its medical, legal and jurisprudential fundamentals. In case of claiming compensation for demise of interest in spinal cord injured women, the public court rejects this claim in some cases because of not accepting the female sexual dysfunction. Thus, the appeal court proceeds to issue a verdict by obtaining the experts' opinion on the compensation. The legislator has explicitly referred to the demise of interest issues including the lack of pleasure in sexual intercourse for which compensation should be determined. In addition, the review of jurisprudential resources, considering the jurisprudential viewpoints and, also, the related requests made for an advisory opinion (Istiftaat) prove the necessity of determining compensation in this respect. Since female sexual dysfunction is equivalent to men's impotence, the female sexual dysfunction compensation is determined as equaling the half of woman's full blood money and one-fourth that of man's. It is noteworthy that if the criminal and the victim have different ideas on the demised interest, it will be proved through swearing, if the demised interest is not determined based on legal and jurisprudential regulations and after examined by forensic medical experts.

One of the properties of human that is possible to be invaded by others is body and life. That is the most valuable properties of human and paying attention and having respects to them has been emphasized. Invasion to body of people based on two aspects of law and punishment can cause responsibility. Providing the condition of penetrating microbes into the bodies is like that. Some of these microbes are deadly and after entering the body causes some side effects and after a while causes the death of that person now if a person like a doctor without any miss intention and without any information, can pollute another person to this microbe, is he responsible in front of that person? Since the religious principle, counts the polluted person to the microbe us a dead person this subject can be a good reason for being charged with paying fine for the responsible person.

The contract of treatment is of great importance due to its relationship with two fields of medicine and law. Considering the fact that essentially the legal relationship between the health professionals and their patients is provided by the contract concluded between them and sometimes due to the ambiguity of laws and etc. the scope of their liability is disputed, firstly, determining the legal nature of treatment and secondly taking advantage of common and specific rules relating to the applied contract will be of great importance in resolving the possible future disputes. Thus in this article, after studying the definiteness or indefiniteness of the contract of treatment, we have set about studying the aspects of the theory of definite contract which includes the theories of contracting, advocacy, renting individuals, the contract of work and reward agreement nature of the contact of treatment and eventually the selected theory concerning this issue has been presented and the most important characteristics of this contract have been discussed.

One of the existing worries in health part is decreasing probability coefficient of bodily injuries from medical equipment. These injuries legally speaking are much important too. Because there are different disciplinary and criminal cases against actors and abettors of these injuries in disciplinary and judicial courts. Prevention of these crimes and torts also is one of the important goals of judicial system. Present research with criminological aspect has searched the reasons of bodily injuries due to equipment and abusing them and prevention methods of accession of injuries. This search is formed by giving questionnaires to medical commission experts in legal medical office of Tehran. The results show that the element of entering medical equipment with low quality and not trueborn and smuggled to medical institutions has the most effect in increasing probability coefficient of inflecting injuries. Twelve methods for fighting and prevention of injuries due to medical equipment are suggested that legislative ways containing criminal and control ways and educative and technical methods are their most important ones.