Medical Law
Year:2010 | Volume:4 | Issue:13|Papers Count:7

Crimes against bodily integrity, as a violent crimes are those against the body and soul, i.e. the only real human assets and his existence. Hence for a long time, the different legal systems have been imposing severe penalties for their offenders.Obviously if the injuries to victim lead to death, especially where the perpetrator of such results directly or indirectly may have intended so, his behavior is more outrageous and the offender is called murderer.Doing homicide means depriving a man of his dearest property, named life. It is the only crime that is irreversible and its effect not only is on him but also is on his friends and family and even the community. Enormity of murder have been reflected in severity of penalties (including hanging, Qisas (retribution), life imprisonment or at least long prison) in various countries Considering what was said, despite that a severe punishment is justified for murder, but the fairness of capital punishment for mercy killing whose aim is only relieving patients with throughout life from suffering are strongly doubtable. So, in a country like Netherlands, some legal provisions permitted committing such action in special conditions in 2001. In other countries like Britain, in spite of prohibition of this action, Different rules provide different ways for discounting the punishments of offenders.Despite that good motivation has no role in decreasing the fixed penalties like Qisas, but there are some legal ways to not convicting such offenders to murder. Article 268 of "Islamic Penal Code" is considerable in this respect. Some great jurists also approve this view point. Additionally, another way to avoid convicting such offenders as other criminals is making doubt in "causal connection": considering that the majority of these homicides are committed by omission, it may be interpreted that the only thing that the offender has done, is not making obstacles to the patient's death and he was not the cause of death.In this article, some solutions will be discussed and analyzed in detail, and we will result that despite no one have the right to kill others, but in mercy killings the case is often "giving permission to die" and not "killing". Accordingly convicting a mercy killer to Qisas is not acceptable.

It seems that the approach of Iranian legislation in the sphere of family law is to protect the opposite of persons of the patients not themselves patients. For example, the Iranian Civil Code under Article 1123 not only does not protect of woman patients with certain diseases but also by giving the right of termination of marriage to man in fact protects the man's rights against woman patients. Also the Family Protection Act, year 1353 / 1974 in paragraph 13 of Article 8 will grant divorce right the other party in case of a childless couple. Here is the question raised is weather according to progress of medical science and treatment of some women diseases cannot prevent dissolution of marriage? Seems with approach of protection of women patients can be prevent from end married life by non-recognition the right of dissolution of marriage due to some diseases. In this article the approach to protect the rights of women patients according to legal principals and some statutes is examined.

One of the challenges of new issues euthanasia controversial field of medical law which expanded the range of fields including: law, medicine, philosophy, bioethics and medical ethics back. Euthanasia more than anything is a tendency to ethics and morality. There are six types include euthanasia: 1- Voluntary active euthanasia, 2- Voluntary Passive euthanasia, 3- Non- Voluntary active euthanasia, 4- Non- Voluntary Passive euthanasia, 5- Involuntary active euthanasia, 6- Involuntary Passive euthanasia. Voluntary active euthanasia: Deliberate action to make prescription drugs by a doctor to the patient and cause the death of his patient's explicit request and with full knowledge and consent voluntary active euthanasia say. This article intends to describe analytical and statistical methods to enable the voluntary active euthanasia pay reviews this description so far five countries: Netherlands, Belgium, Luxembourg, Oregon and Washington (United States of America) of the violent mercy killing of pity decriminalize have legally done.

Human genes have an important role in physical features, behavior and mental diseases. Accordingly, a human being on whom the genetic manipulation has been done would be different from others. Can s/he bring a civil or criminal claim against physicians? Does the genetic manipulation make any specialized right for likely victim? To analyze such physicians' responsibility, Firstly, related descriptions of genetic manipulation will be offered. Then, having referred to historical debates and general consept "responsibility", we will analyze international instruments having principles related to the issue. At the final step, having distinguished between automatic and contractual responsibility, their elements will be analyzed.

Background and Aim: One of the main worry of dentists is due to treatment next problem and claim of patients. Since most dentists have lack or in-complete information regarding legal procedure, we want to study this problem subject to claims against dentists.Findings: In this present research, we found that 35.2% of claims against physicians is relating to dental affairs and among 272 field claims, number of blame persons are (62.8%) is more than acquitted persons (37.1%). The most records of faults is relating to carelessness (54.9%). Sex of claimer is most claims is female (53.4%) and sex of dentists in most cases are men (87.1%). Most claims filed about general dentists(87.7%) as occurred in private clinic office (81.9%). Most subjects of claims are relating to Prosthesis (33.8%) and most sentences to claim is in this field (33.9%).

The subject of Confidentiality is one of the main issues in the relationship between patients' and physicians'; and there are verses in the Koran as well as Hadiths referring to this issue in general. With regard to their ethical duties and the oath they have taken, physicians are obliged to abide by the conditions of the contracts they have signed with the patients' or with related organizations. Moreover, on the strength of article 648 of Islamic penalties law, disclosure of patients' secrets is a crim. The aim of the present research is to find a suitable response, in regard to "the jurisprudential and legal nature of medical confidentiality" in order to defend the patients' rights. The study has been carried out using descriptive - analysis method relying on jurisprudential and legal sources . It was revealed that there might be conditions when the physician has no way but to violate this confidentiality, nevertheless this disclosure should have the least harm for the patient.

Cloning technology is one of the biggest new developments in medical era. Scholars and theoricians of different scientific, ethical, religious, social and legal fields including criminal, civil and international areas have taken different approaches. This paved the way for a large field to appear where different opinions and thoughts coincide. The outcome of these challenges in criminal law has resulted in enacting some laws and criminalizing cloning international aspects and in its turn in national arena in some countries. The scope of criminalization’s and prohibition of all kinds of cloning to mere prohibition of human cloning are variant. This variant criminal policy taken by government are arisen from differences in religious believes and variant ethical thoughts which govern them. Although being included in one of ten countries which have this technology, Islamic Republic of Iran has not yet taken a clear and distinct criminal policy in this respect. Conducting a brief study of the world community and criminal policy of some developed countries, this writing has also induced the governing and general viewpoints of Islamic jurists and dealt with ethical consequences of prescribing this technology and pointed out the necessity of its criminalization.