MEDICAL LAW
Year:2015 | Volume:8 | Issue:31 |Papers Count:6

Nowadays spiritual and mental restoration as well as the physical treatment is supposed to be one the important tasks of hospitals. This goal is achieved by employing expert physicians, making use of modern medical instruments, and establishing suitable physical space. However, lawyers pay less attention to the civil liability of hospitals. Common law considers civil liability of hospitals, theory of external delegation, and vicarious liability, but judicial precedent of the countries following common law tend to accept vicarious liability in cases of neglect in treatment.In Iranian law there is some doubt about projecting external delegations for physicians. Though it is rational (logical) to establish vicarious liability of hospitals for medical neglect.

Human Genomes including genomes being effective and creative in all human behavior and physical changes have been adverted in last decade more than ever. The subject nowadays by identification of genomes’ functions and forecast possibility of their effects on aborning children and appearing the idea of prevention of their negative effects occurrence and even curbing of patient -physically and mentally- and premature humans birth is emphasized and many ethically and legally questions are formed. The official responses have been made two parts of dissidents and adherent opposing each other.Societies these days desire a healthy and free of maim, genetic abnormalities and severe diseases of the society. More chance for progress and attainment to scientific and industrial facilities will be achieved in addition of patients’ therapy and maintenance costs will be saved if society’s health and hygiene is supplied. So there is no doubt that every society’s public interests are requiring a healthy population and prevention of abnormal child birth.Ethics and law as two key elements for human life’s guide play a vital, guideline role in his general and decisive decisions. Therefore it has always been represented necessary that every new problem must be analyzed through them. At first this article is going to obtain an answer basing on analyzing of philosophical and Islamic law’s principles for the questions that between public interests and person’s tendency to farrowing abnormal child, which one has precedence? If public interests or on the other word society’s expedient can make a right for governments to prevent from abnormal and premature child. And most important than all of them, what command will be propound by moral and humanities rule.And it will be got to the result that being ethically and legally abnormal child’s abortion duration of his/her embryonic period can be taught. And more than it, we can go forward to make it mandatory.

One of the crime that to be discus in special criminal law as crime against persons is abstain of help to dangered persons. Despite this crime is old in criminal statute of Iran but has not enough research.Essens for criminality in this omission is ethical principles and social co-operative. This article will research elements of this crime after analyze origin of its criminality. In first section criminality for all people need overview for increase the sprite of isolationism in recent years in Iranian society and in second section despite recent alterations at article 295 statute of Islamic punishment cannot omission be cause for homicide because this article needs causation.

One of issues, rising according to the development of medical science which has significant legal effects is the transplantation of organs. One of its major sorts is transplantation from a living person to another. The allowance of such a procedure by the legislator is doubtful. Iranian law contains only legislations about the taking organs from the cadavers. According to principle 167 of Iranian constitution, to resolve such problems is possible by referring to valid Islamic jurisprudence and known fatwas. No jurist allows the transplantation in the case of harming the health of the donor, however he would be willing to do so and the life of the receiver depends on the operation. Unless this very case, the Islamic jurists allow transplantation of organs. In the case of allowance, the contract in between is not to say absolutely a sale contract; although according to the allowance of the sale of the cadaver, it is possible to allow the sale of cut organs also, since the cut organ is a property. Even if the sale of organs hit an ethical or religious obstacle, the transmission of the right of priority or an indefinite contract according to article 10 of the civil code could be used for this matter.