MEDICAL LAW
Year:2012 | Volume:6 | Issue:20|Papers Count:11

In this study, scrutinizing the nature and basis of civil liability of physicians revealed that although jurists have not discussed and reviewed the notion of loss of opportunity to improve or cure the patient explicitly, this is clearly inferred from their utterance about the concept of damage and their prediction about common criteria for measuring the damage. Considering that nowadays, the custom of society considers such opportunities as worthy, thus, losing them is considered as a kind of damage, so, according to Islam, in such cases, the physicians who cause the loss of opportunity to improve eorcure their patients will be responsible. And this responsibility is different from the ultimate responsibility- i.e. death, disability, exacerbation of disease & etc-, in nature. This theory is widely applicable in medical law in some Islamic countries, common law legal system and especially in French law and many sentences have been issued based on it, so that it is one of the controversialissuesofcivil liability in causation & being obvious damage. In Iran law this theory is seemed to be executable in civilli abilityof physicians, regardless of whether it is missedopportunitiesor creating undue & already occurred risk, however, it is not opposite to the general principles of legal and religious precepts.

Introduction: Brain death and organ donation are important issues. Problems involving logistics, ethical issues, personal resistance, and legal difficulties will probably always limit the number of available donors. The aim of this article to review brain death and organ donation and various factors related to success of this in IRAN.Method: A systemic review was performed. We searched the pub med, Cochran are embays date base form 1995 to 2010, and the date published in Persian journal in IRAN from 1365 to 1389, all studies reporting brain death and organ donation and related factors.Result: Organ donation is about 1.7 per million in IRAN and very fewer of Europe and American country. The mean age of organ donation was 25.6 years old. Various factors related to success of organ Transplantation in IRAN include: Positive attitude of public towards organ donation, consent by relations for organ donation and support logistics, knowledge, motivation and self- confidence nurse and physician towards organ donation, and religious views on organ donation.Conclusion: Brain death and organ donation are difficult decision, for public, physician and family. We recommended people had signed a donor volunteered card in live time.

Organ donation is one of the most remarkable and dramatic therapeutic advances in medicine during the past 60 years. Expansion of Organ donation has been compelled many countries to legislate about this subject. In our country, Iran, because our acts are based on Islamic jurisprudence it is necessary to study about organ donation in view of jurisprudence. For example the 32th verses of MaedehSura in Quran, shows the importance of saving at risk human lives.In this article, we evaluate legal strategies that support organ donation, jurisprudence for organ donation, organ donation after execution and donor consent.

Tendency to reproduction is one of the natural instincts of every alive being which has been completed much more in human beings.This is because man finds his feelings of generation survival & pregnancy in this way.While, in some cases natural ability of persons is appearing problems, has faced couples with unfertileness and requires medical science.The modern medicine has an admirable movement in this field and today, technology & technical environment has provided ability of GAMT dedication and donation for unfertile spouses.Although applying new medical methods due to its importance is considerable in human learnings, but has caused problems and questions in different majors of moral, jurisprudencia and legal fields which answering to them requires all dimensional research that is unfortunately ignored today.Although few of investigations and theorisiansis steps forward opening new spaces for studying & investigate in law, jurisprudence & morality, but not only in practice it is not a great solution, but also it leads to confusion, different opinions & spouses deprivation from pregnancy methods.According to social, religious & moral consequences of this discussion, lawyers & jurists has not planned to collect new rules & principles for arrangement of complex social cases in considerable way.Somehow jurists have issued different opinions or even have banned methods of artificial pollination.What is reflected in law & constitutions is just small part of medical & ills society requirements & existing facts which seems to not have comprehensiveness.Diversity & dispersion in jurist's opinions ban of some new ways of pregnancy and using of another ovule and also nourishment in the third womb is one of the subjects which are pretend of different ideas of jurists & lawyers.Legislative experience of front states in these methods implies that unfrtileness remedy is of crucial importance & requires multy dimensional studies & recognition of general goal besides main protective policies.As a while as unfortunately Iranian rules have not noticed to it and doesn't follow certain legal regime.Also incomprehensiveness’ of rules & ignorance of legislator from entrance to controversial fields & facing to social morality, not only encounters unfertile spouses with various difficulties in order to catch some medical ways, but also has put them in confusions space and this question remains unanswered that whether ban of some ways in cureness unfertileness cureness doesn't alter ate to spouses right to pregnancy.Isn’t it the time that jurists and lawyers take the review on these ideas& possibly choose the mediocre solution to it?For these reasons, this article tries to recognize natural rights of unfertile spouses to use modern medicine and illustrates jurisprudencial, moral & legal difficulties of unfertile spouses and also prove comprehensive legal insight based on main protective policies in this field.

The need for abortion is called "Therapeutic abortion" in terminology. In Iran legislator declared abortion absolutely illegal and unlawful after ensoulment when he proposed different juridical and legal ideas and he accepted sprit before ensoulment under special conditions of single article of Therapeutic abortion law and he has taken a step forward effectively for regulating abortion.Therapeutic abortion is an approach that legislator allowed it for preventing future problems that might happened for mother, embryo or society. But we can pave the way for exit of abortion law from crime and transfer it to welfare and health with elimination the limits of this law and to expend it to possibility of Therapeutic abortion that was resulted from adultery and rape before ensoulment that is the best example of hardship and fault and it can be done with Therapeutic application and also to develop permissible list of Therapeutic abortion. Then it is necessary to review and rewrite the regulations coincident with the realities of society that are acceptable and moral.

Background: Medical negligence occurs when a professional is failed to use proper level of care, skill or diligence in the performance of its activity causing harm to its patient or when he failes to act in accordance with accepted medical practice.Medical negligence suits have become an issue of concern for doctors and health service departments and it can be a significant event for anyone, including a physician that can be emotionally draining.Attempts by physicians to understand and prevent unwanted situations that can lead to litigation are important, but little is known about malpractice.Methods: This investigation is cross sectional in five years duration of 1381 to 1385. All cases discussion in physician communication in Kerman was studied. We use SPSS for analysis of results.Results: In this investigation of 135 cases, 41 cases (30.4%) were positive negligence. The most common negligence was carelessness (45.5%). Among the cases in 5 years, claims were rising, but the positive negligence was the same. The most claims were from universal centers. The most grievance was of physician and then health care service and the third was hospital technical responsible, but the most negligence was done by hospital technical responsible.Conclusion: Because of rising in lawsuits, physicians and health care service should pay more attention to treatment of patients. The most grievances were of physicians in sex field of ginecology, surgery, ophthalmology and orthopaedy. At all, surgical procedures were the greatest generator of claims. If relationship between patients and physicians become better, patients would never claim.

Introduction: Damage caused by wife abuse is one of the reasons that causes that leadswomen to forensic examination centers. Wifeabuseincludes physical violence, psychological, social, economic and sexual abuse and these women are seen inmost parts of the world.Methods: Inthisstudy, 100 cases of women abused by their husbands referred to the forensic medical examination of Tehran, have been examined. Question naire completed by these women and datas analyzed by statistical methods.Conclusion: Most patients had a mean age of 32 years and had diploma level of graduation and did not work out of the house. In 87% of cases, victims married by their personal interest. In most cases the husband had violent activities against their wife in front of their child and sometimes even the children are also beaten. In a small percentage of cases, violence led to hospitalization of victims. In most cases there is a history of alcohol and drug abuse in assailant.30% of the assailants had previous criminal records.

Terrorism has developed a phenomenon of insecurity feeling by creating fear and terror among sinless people around the world.Actually, what is terrorism? What factors are more effective in augmenting? The use of violence and aggression is a basic component definition of terrorism. Thus, an exact understanding involves recognition of aggression expression and using violence. The presence of psychological problems such as eschizopherni, paranoid and… also disorders for meeting human needs has been caused violence feeling speed and begun a dreadful events. A systematic psychological analysis shows that some terrorism events is the cause of problem and disorder in terrorist person by improving it we will see fewer events in the situation for terrorism.