Medical Law
Year:2020 | Volume:13 | Issue:51|Papers Count:8

Medical claims are all disputes that are somehow related to the medical and related matters so its subject is wide-ranging. These are civil, criminal and diciplinair medical cases, and due to the multy natures of such cases, we are likely to see numerous authorities to them. Furthermore, here expert medical expertise and expert opinion play an important role, but the rules are somewhat conflicting. In line with this multiplicity of lawsuits, the legislator has foreseen numerous authorities for medical claims. However, both the knowledge of these authorities and the nature of the claims within their jurisdiction are required and at the end it is recommended that a specific authority should be made to address these claims.

Human health security is one of the important issues that international research institutions have been focusing on. This kind of human security has been affected by the effects of climate change over the past two decades. One of the consequences of climate change on the health of people is the development and spread of contagious diseases. In the absence of the prevention of these diseases, the international community will see in the near future a wider range of them. The research methodology of this paper is descriptive and based on documentary analysis. In this research, health security has been evaluated as one of the factors of environmental asylum. Findings suggest that reducing health security or lack of it may have the potential of exposing people exposed to these threats as demographic displacement and the emergence of environmental asylum. Protecting people who are in danger of displacement and environmental refugee in the face of such risks are on the agenda of several international instruments, all of which are based on fundamental human rights.

The right of custody is one of the important issues of private law which has been studied in a variety of aspects. The Iranian legislator has stated that one of the examples of lack of child care is the involvement of parents in "mental disorder" under Article 1173 of the Civil Low and has not expressed anything about neurological disorders. While mental and neurological disorder they have different nature, origins and works according to the principles of psychology. This descriptive-analytic research is important in this regard that has studied the status of neurological diseases in the field of neurolaw as one of the barriers to custody under Article 1173 of the Civil Low. The result of this research is not scientifically that resemble of mental and neurological diseases and if the diagnosis is referred to an expert forensic medicine, That expert distinguishes neurological disorder from mental disorder based on scientific foundations and he presents his theory on the basis of this. But if the family court considers "neurological disorder" to be excluded from Article 1173 of the Civil Low, It is possible to give the custody of the child to someone who is not qualified because of having a neurological disease, so compromised child's health. The second result of the study is that destroys neurological disorder person's power of will and recognition in some cases and these include insanity. Therefore someone with neurological disorders can't use the right of custody. So the Iranian legislator must be reviewed in the third clause of Article 1173 of the Civil Low and add sentence of "neurological disorder" after sentence of "mental disorder".

AIDS is one of the widening crises in the world, including our country. One of the important issues in this regard is to measure the awareness of the perpetrators of AIDS transmission of legal and legal responsibility that was addressed by the statistical data approach. Considering that most of our legal rules and regulations, especially the Islamic Penal Code and the Civil Code, have evolved and adjusted according to the Imamite jurisprudence, the opening of the new issue of AIDS issues seems necessary in legal jurisprudential law. Therefore, a way of coping, in addition to preventing infection with the virus, is awareness of the legal and legal responsibilities associated with the transmission of this disease. The study was performed in from of descriptive-analytical. The survey evaluated territory showed that the total population, and the sample size of the study Poor knowledge about how the responsibilities AIDS are transmitted. Results of this study using the software spss22 It was noticed that represents At the same time, especially in an educational setting, Medical and legal related professionals, The action centers and compassionate professional medical advice centers-Legal Can raise awareness risky Asnfaf, Reduce the scope of increasing the disease.

Today, using the findings obtained in the field of sciences such as psychology and nerve physiology many criminologists emphasize the effectiveness of neurological factors in the occurrence of crimes, seeking to find a link between committing a crime and neurological disorders, such as Attention Deficit/ Hyperactivity Disorder, manifested as a result of functional impairment in the "cerebral cortex of the brain's cerebral nervous system. This stratum is effective in maintaining the "Dopamine" and "Serotonin" at the proper level, which are responsible for the ability to communicate effectively, controlling the impulses, and developing the social skills. Reduction in the function of this part of the brain causes a decrease in the self-control ability, and thus leading to committing the murder as a criminal behavior. Attention Deficit/ Hyperactivity Disorder includes symptoms such as neglect, sedentary activity, sudden thoughts and tendency to perform risky activities such as substance abuse, careless driving, unprotected sex, etc. In this paper, this disorder was studied as a branch of nerve physiology, from the criminology perspective, as well as its effect on criminal behavior. The results of the study showed that, the cognitivebehavioral interventions and drug therapy can control this disorder and prevent the emergence of antisocial behaviors as its consequences.

In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of the Islamic Penal Code takes into account the many implications of this disorder, namely the lack of understanding of the dignity or the nature of criminal conduct and the existence of doubt in the development and perfection of the mind Which is called fool (weak-minded) in jurisprudence due to lack of intellect. These people are known as people with mental illness, including mental retardation, delirium, and dementia. According to Article 140 of the Act, which expresses the condition of criminal responsibility should not regard fool (weak-minded) accusation as having a criminal responsibility if any crime is committed. Because the penalty is based on criminal responsibility consequently, the condemnation of a perpetrator of a crime hodud or qesas is forbidden and even it should be said that the punishment mentioned in Article 89 of this law is also contemplative. Therefore, in accordance with law, they will be sentenced in the case of committing the above-mentioned offenses or taazir to Hedging and education activities. In the Egyptian law, dementia, inside, in the meaning of Disorders of the scorpion, has a madness sentence that is criticized.

Cryonics is one of the emerging issues in medical science, which was first introduced in the 1960. In this way, by placing the human body temperature at a negative 196 degrees, the body is protected and with the advancement of medical science in the future, it will attempt to revive it. This method has created hope for life for the sick. Despite the silence of the laws in this regard, various institutions in several countries, especially in the United States, Russia and Australia, have begun to freeze human beings. The Alcor Institute in America is one of the most recognized institutions. There are also signs of attention to this issue in the precedent of some legal systems such as the United Kingdom and the United States. The main issue regarding cryonics is the legal status of frozen persons from the perspective of life or death. In this article, with the assumption of the live of frozen individuals, the most important legal effects of cryonics, including the status of the marriage, property and current contracts, have been studied. Given the lack of recognition of this concept in Iranian law, in order to introduce and explain its effects we have to use the experiences of the countries that use it practically. In this article cryonics and some legal effects of it is studied with descriptive-analytic method and with regard to American law as a pioneer in this field.

Patients are the main consumers of health care services and among the most vulnerable social classes. They are in a special situation because of the physical and emotional stresses caused by the illness as well as the financial burden of medical services. In contrast, the advancement, diversification and specialization of health care services have led patients to face a group called "health care service providers"; Therefore, it seems necessary to support patients who inevitably receive health care services on one hand and are not familiar enough with their rights on the other hand. Violations in the medical field, depending on their type, may be in the jurisdiction of the public or revolutionary courts. However, due to the specialized nature of violations in health care field and for speeding up proceedings, some authorities other than judicial authorities have also been established to deal with medical professional violations. These authorities are only competent in matters specified by law and, unlike the courts of justice, are not under the supervision of the judiciary. These authorities are either under the supervision of the executive or extrajudicial power or in the form of law enforcement agencies dealing with the specialists’ violations, with the presence of representatives from the judiciary and related organizations. In this article, competent non-judicial authorities dealing with lawsuits against health care service providers including the Tazirat Organization, the Competition Council, and the authorities designated by the medical system law (consisting of five references in total: 1. County Public Prosecutor's Office; 2. County Disciplinary Trial Court; 3. Provincial Disciplinary Board of Appeal; 4. Provincial Supreme Court; 5. Provincial Court of Appeal) and their functioning in the field of health are investigated and finally appropriate suggestions are made.