Medical Law
Year:2012 | Volume:6 | Issue:21|Papers Count:8

The knowledge of people about new methods of Infertility’s treatment increase by birth of first child born from invitro fertilization method in 1978. Use of these methods brings hope for many couples that think they never can have a baby. Some of these methods are egg donation, sperm donation and embryo donation that have been introduced as "surrogate pregnancy" and one of the best method of Infertility's treatment."principles of surrogate pregnancy" and its stipulation is mentioned in relevant statutes and executive regulations, but the important issues are the certainty of healthiness of donor and donee and conformity of outwards, bloody, social, cultural and religious features and patterns.First thing in this matter is awareness of couples about the condition of the gamete and Embryo donation so that the possible risks, percentage of success, relevant costs, subsequent legal and jurisprudential Issues, secrecy of the donor and donee's identity and healthiness of gamete and embryo can be evaluated. These new methods along with the therapeutic aspects have complex ethical and legal aspects that need to be gazed and regarded in the respect of religious, social and cultural conditions of each country.

Cloning is one of the novel achievements of medical science. After successful cloning of a sheep called Dolly in February 1997 by Dr. Ian Wilmut, the issue of human cloning was also considered in international communities. Thus, we have observed different opinions from scientists of different scientific, ethical, religious, social and legal fields including criminal, public and international law.Consistent with the concerns of scientists and reactions of scholars of different fields in the various religious, moral, political, and social fields, international councils and organizations have also showed their reactions and performed some actions to legalize this technology and take appropriate legal criminal policies.At the international level, there have been many difficulties to adopt a unified and binding approach for all governments and these efforts have not been successful yet, and they only led to issue of some acts by various organizations, but at regional level in Europe, these efforts have been more successful and even they led to approve some protocols.In this paper, the international community's actions and reactions regard to cloning will be reviewed at the global and regional level.

Various definitions of death are provided in medicine and it is divided into real, exterior and brain ones, but one state that has a close imminency with death and sometimes is mistaken with it is the "vegetative state". Basically, one is not deemed dead in the aforesaid state contrary to the forms of death and he enjoys life. In the case law, judges and forensic physicians always disagree on the method to calculate the amount of blood money for these persons and this matter will cause the prolongation of hearings. To clarify more, under criminal laws, the blood money and/or a separate Arsh (indefinite blood money) must be determined concerning these persons in respect of inflicted damages on their body organs and interests. However, there is doubt as to the acceptance of this view in general by the experts of forensic medicine. On the other hand, notwithstanding the principle of the governance of non-interference of blood moneys in physical harms and the refusal to pay various blood moneys by the insurer, such a matter typically causes the denial of the occupational security of the physicians and makes them encounter challenges regarding the payment of blood money. In this paper, it has been tried to instruct by providing proper solutions.

Plastic surgery is a newly emerged branch of medicine which was developed dramatically in line with scientific development of surgery and public attention to it, particularly during the last century. In view of particular features of this branch of medical procedures, there are certain moral and legal challenges in deferent systems on the basis of the permission to perform these operations. In Iran, legislator's special consideration in paragraph 2 of Article 59 Islamic Penal Code to Judicial (religious) necessity as a legal criterion reveals the importance of attention to jurists' viewpoint about the legality of such practices.Generally speaking plastic surgery falls into three categories: Functional reconstructive surgery, which is carried out to remove malfunction of relevant organ and is considered as vital. Aesthetic reconstructive surgery which is carried out only for making certain organ of body appears beautiful, which is not regarded as natural. It is a necessity but not vital. And finally pure aesthetic surgery during which a person accepts surgery procedures only for being more beautiful. Sometimes it may be a non-objective necessity (psychological necessity). The physician should observe the religious limits and also he/she is obliged to specify the type of surgery necessity and possibility of surgery regarding the risks and complications of it.

Based on Islamic punishment act, people's treatment should be with the consent of patient or his warden. This issue is definite about conscious wise adult and incapable peoples but about unconscious wise adult peoples is inconclusive because of lack of incapacity and caution. Two theories there are about this issue that the theory that is in compliance with our legal and juridical principles and basics is that in these issues should be taken the consent of governor (Valiie Faqih).New Islamic punishment act confirm this theory too. The governor's authority is so long as the patient isn't conscious so after that should patient's consent being taken.

The concept of brain death and vegetable life from the perspective of criminal law with a medical approach, it is mainly composed, when a person is caused by crime in the state of vegetable life, what the legal effect, may be considered. If a vegetable life, leading to brain death and resuscitation occurs, the person is dead. If this state is occured with attempt to murder, Offender will be punished according to the Article 206 of Islamic Penal Code. If the damage is injured in a vegetative state for life, some complications such as cerebral cortex cells in the destruction, loss of wit, sense and the interests of members may be declining.

MDG 5-Improve Maternal Health-set a target of reducing maternal mortality by three-fourths by 2015. In 2007, the world's leaders added a second target under MDG 5: achieve universal access to reproductive health. Reproductive health is essential for reaching all other Millennium Development Goals. This shows why decision makers should priorities saving mothers' lives and key investments they should make in order to achieve that goal. Gender inequality, unfair health systems, disproportionately distribution of workforce, incorrect policy making, considering low priority for health in comparison to other systems, inequitable distribution of resources and inequity in financing that ignore minorities and marginalized population, are effective social determinants of Maternal Mortality.