MEDICAL LAW
Year:2020 | Volume:14 | Issue:54|Papers Count:10

Attention Deficit Hyperactivity Disorder (ADHD) is a neurobehavioral disorder in childhood. It is characterized by three levels of inattention, hyperactivity, impulsivity and compounding. The most dangerous situation is when so-called comorbidity' is associated with one or more other mental disorders. If this involuntary disorder (Lack of control over activity and impulses) is not treated scientifically in childhood, during adolescence and adulthood, within severely diminishing the therapeutic effects of childhood, will adversely affect individual and family functioning and it will be a factor for be evasive person and have personal and social anomalies that lead to deviance and delinquency and ultimately, these factors lead to the perversion and delinquency of the individual and the community faces significant challenges in various dimensions. One of the most important gaps and damages in the medical Scientific and practical response in line with some of the pioneering countries is especially the lack of screening and supervision in primary education level. Therefore, according to the analytical-descriptive research method and interviews with some psychiatry professors, Iran's criminal policy faces with severe inefficiency in all three legislative, judicial and executive sectors and taking into account the scientific facts and psychological requirements for those with the disorder, it needs to proceed at the level of medical and social via the set of scientific approaches of Criminal policy with government responses and the participation of psychiatry specialists to deal with such phenomena which is increasing day by day.

One of the most influential scientific approaches in the twentieth century has been discovering stem cells and their therapeutic effectiveness. On the one hand, countless diseases are considered incurable through valid scientific treatments and on the other hand, the hope for new treatments has been considered a promotor of the medical studies in research centers. Throughout such research pieces, the subject is the patient himself and since all available treatments have been futile for him, attempts are being made to treat him experimentally by implementing unconventional strategies, to see whether there might be a cure for him. The treatment contract is of great significance as it has been admitted as a joint connecting medicine and rights. In cases where the limits and extent of liability are disputed due to possible ambiguities of laws; basically, the heart of the legal relationship of medical professionals with their patients is the contract concluded between them. First, explaining the legal nature of the treatment contract and then using the selected contract's general and specific rules will be beneficial in this regard. Meantime, since stem cell research around the world is one of the new and unprecedented therapies and can have short-term and long-term side effects, a principled agreement between the medical team and human trials for medical research will eliminate any vaguenesses between both sides. Although adherence to medical criteria and ethical obligations are not embedded in the contracts' scope, it seems that the physician's liability, if the patient has referred to him with his consent, eliminates many of the problems between them and avoids possible legal disputes. Therefore, accurate knowledge of such a contract, both formally and substantively and conditions of its accuracy and validity, seems inevitable.

Therapeutic needs and the advancement of medical technology occasionally cause people to be willingly or unwittingly in a position that their genetic structures in their bodies change. The ultimate goal of this study is to determine. Whenever a gene is damaged how this damage can be assessed and if we prove responsible for the damage to the gene, what is the type of liability of natural and legal persons? This descriptive-analytic study shows that each of the conditions and factors that are necessary during the process of genetic mutation, such as genetic conditions, genetic environments, gene cutting and. . . if it happens in contrast to the professional principles and rules, regardless of the legal conditions, the perpetrator can certainly be considered liable and is subject to the rules of liability, but the extent of his liability depends on the element of intent and will to commit the act and if the causal relation between the gene mutation and the adverse effects of this action is established, then the perpetrator will be punishable and, as a result, judgment rendered by the court of first instance is retaliation in relation to the genetic mutation and the damage based on the verse of qisas that will be proved by two witnesses and one confession. The sentence will change in various assumptions and the perpetrators will certainly have civil liability.

Medical centers including hospitals, clinics, rehabilitation centers, infertility treatment and whether governmental, private or charitable have legal entity in most cases. This legal entity, in some cases, is affiliated with the state or state universities of medical sciences and sometimes these centers take their entities in the form of business firms. The existence of a legal entity provides that the health center, in accordance with article 588 of the Commercial Code, has all the rights and duties as same as a person. In this regard, to pay the victim Blood Money in the case of Itlaf an Tasbib is one of the duties of the persons and in spite that the Itlaf of a person and direct harm to is not possible due to the legal entity; this is not however, the denial of their liability to pay the Diyah arising from the Tasbib of legal entity. Contrary to the views of some jurisprudents and lawyers, and the appearance of some articles of Islamic Panel Code, Tasbib is due to pay Blood Money in the case that is companied by a fault. One of the most obvious failure of medical centers that is leading to hurt the patients is to violate the state regulations that not only there is no need to expert opinion, but also is achieved upon the violation of the rules and regulations and there is no need to proof of fault. For various reasons, recognizing the liability of health centers to pay Blood Money, in every respect is in favor of patients and to support their right.

Information technology provides better medical services and so appropriate conditions for misuse of personal information. Medical information is an important part of sensitive computer data. For the growing of information technology. Protection of patient`s privacy in cyberspace has become one of the main matters of medical law. To this end. The rules are set out in international documents including the right to choose beneficiaries at the information gathering stage. Observance of data security. transparency and access to data and accuracy in data retention. The necessity of related processing and the prohibition of disclosure of data at the stage of information use and finally. the need to eliminate or prohibit transboundary data transfer at the end of the patient status process, however the constitution and some of laws emphasize to privacy and non-disclosure of patients but E-commerce law and cybercrime law generally refer to the protection of such information and without regard to the above sequence and order. Merely refer to the principles of subject satisfaction. Legal collection. as well as data dilatation. The principle of data accuracy and their elimination. Punishments were not sufficient to ensure compliance with the above principles. It is necessary to comply with the precise criteria mentioned above together with appropriate them.

Background and aim: Madness is a subject that has long been the subject of legal attention. Today, Industrial societies are confronted with a phenomenon called mental disorders and those with such disease which unfortunately is increasing day by day. Obviously, laws over time for scientific advances need to be reformed. This article explores the legal status and the way in which mental patients are held accountable for their behaviors and society. This goal can be achieved by comparing and matching the cholera by obtaining the main index and the property of madness, so that it can be referred to in foggy cases. Jurisprudential and legal notion of madness, dementia and dementia, the association of dementia with the disorder of perception and reasoning discussed in psychiatry confirms this. Research on new findings is therefore indispensable for the interaction of the two sciences of law and psychology. Method: The present study is a descriptive-analytical method and access to legal jurisprudence, will pay to analyze the information collected, to understand the nature of psychosis and how to perceive it and adapting it to the findings of rational psychology and rational reasoning. Conclusion: Majnun does not have the power to distinguish between him and others. His actions are not by will. From a Jurisprudential-Legal Perspective If one reaches a level of self-imposed consciousness that is not capable of legal practice, t hat is not capable of legal action, his criminal conduct lacks criminal responsibility. Therefore, this main characteristic of Ramitas can be attributed to some degree of illnesses such as schizophrenia, mania, depression, delusional disorders, dementia, aging and some personality disorders and. . . the subset of madness was known for its examples. Based on this qualitative criterion, as a result, any disorder that causes dementia and excessive power is distinguished to the extent that he has the legal significance of Article 190 of the Civil and Related Law for the purposes of legal practice. He has been outspoken in support of his community their legal status will be the same as that of a free person.

Basically, the pharmaceutical industry and its distribution process are among the topics that are relevant to any society. Because if there is no need to ensure health in terms of medicine and other items of goods related to the medical industry, various threats can deprive a person of life. Whereas what has been brought to man by custom, morality, sharia and sociology, the preservation of life is one of his most important personal and social assets. For this reason, the category of medicine and medical equipment, which is closely related to the right to life and human health, can be a very important factor in this regard. Therefore, in this research, which has been written in an analytical-descriptive manner, the aim is to examine and look in depth at the category of transactions and commercial and legal rules in the field of medicine and other medical goods from the perspective of international trade law. In a nutshell, the international trade law mechanism, in the form of the most important measures that can be taken in this regard, can also use the issue of ownership and, using legal capacity, to maintain the mindset after the right to health in human rights law, reduce drug sanctions, discrimination. Being at the time of contracts and agreements between different countries by you Leaders, legal obligations and rights guarantees to reduce the quality of medicines and medical items in the midst of a health crisis in order to improve the profits of pharmaceutical companies, facilitate the process of trading and buying and selling medicines and medical equipment and special facilities for poor countries to access medicine and supplies. Medicine and other such issues show the role of international trade law in the need of countries for medicine following the outbreak of prominence, prominence and privilege, Transnational Infectious Diseases such as Coronavirus.

Protecting nature and preserving its health is emphasized by different religions and human mind. Enjoying a healthy environment is a fundamental human right. Any damage to the environment requires compensation of damages incurred, which is within the scope of civil liability. The key question here is what is the nature of civil liability for environmental damage? How does choosing the right nature affect adopting the right basis for civil liability for environmental damage and its effects? In this descriptive-analytical paper, the combined nature of public and private law has been considered for civil liability resulting from environmental damage. In terms of government's supervision role in manufacturing and industrial activities and its ability to sue people who incur damage to the environment, this responsibility is subject to public law and in terms of the possibility of compensation claim where a human, besides nature, has been damaged (in accordance with the general rules of civil liability) this liability is subject to private law. By choosing this trend, principles such as doctrine (theory) of fault or theory of risk as the basis of civil liability for environmental damages appear to be incompatible with the said compositional nature. The accepted jurisprudential basis to guarantee the right of the damaged (nature or human) is "respect" theory. The theory of "Strict liability" is also legally acceptable regarding the role of deleterious person and difficulty of proving fault and with regard to the characteristics of environmental damage. In what follows, given this compositional nature and mixed basis, compensation methods and competent court procedures have been elaborated to file an action of civil liability against environmental damages.

Under theenforcing the law on damage, when patients are exposed to damage and injury when acting or leaving action on health-related factors such as physicians and laboratory officials, patients must take standard action to mitigate the loss or claim. Otherwise they will lose the right to defend themselves. The most important effect of this rule is that the assignment of a claim against a loss is subject to a statutory or contractual breach of the loss. The question is whether the main effect of the rule is the alleged negligence for avoidable damages, or the exclusionary claim for reducible damages? What is the nature of the action taken to counter the loss? Should diligent efforts yield the desired result or is the standard effort sufficient? The burden of proving damage or non-damage is either disadvantageous or detrimental, and comparative study of other issues can be very helpful in explaining the effects of the rule and its implementation.

Background and aim: The present study seeks to study the areas that define the right of the child to health in Iran and the expression of what and how this right. Method: this regard, with qualitative approach and thematic research method, content analysis and content analysis interviewed experts and identified four key determinants of children's right to health in Iran. then four areas, including Iranian laws and regulations, the Convention on the Rights of the Child, the Islamic Religion, the Convention on the Rights of the Child in Islam, referring to their main sources he has analyzed the content. Ethical Considerations: In the present study, interviewing experts, covert and behavioral tips of the interviewee, anonymity of interviewees and their consent to interview and record their speeches were observed. In the process of document and information analysis, reference to authentic sources as the most important ethical principles of content based research was observed. Conclusion: The results show that, in each of the four areas studied, different aspects of child health, including child health during pregnancy and mother, child nutrition, child health and care, protection of children with congenital problems, they have introduced insurance and social security. But the status of the right of the child to health in Islamic religion and its compliance with the laws and regulations of Iran and the Covenant on the Rights of the Child in Islam take into account previous generations, potential parents, the mother's pregnancy and the child's birth. This goes back to the definition of a child in each of the four areas. In Islam, childbearing is considered a priority, and the importance of protecting it based on religious principles goes back to previous generations in a way that everyone is responsible for upholding the rights, including the right to health, of potential future children. But in the Convention on the Rights of the Child, the definition of a child is more dependent upon birth.