Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 851-863 |
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Sajjadi Z A, Gholamalizadeh M, Yamrali S. Obligation to Provide Medical Information. MLJ 2023; 17 (58) :851-863
URL: http://ijmedicallaw.ir/article-1-1673-en.html
URL: http://ijmedicallaw.ir/article-1-1673-en.html
1- Department of Public Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran
2- Department of Law, Yayam Noor University, Tehran, Iran.
3- Department of Theology, Gonbad Kavous University, Gonbad Kavous, Iran
2- Department of Law, Yayam Noor University, Tehran, Iran.
3- Department of Theology, Gonbad Kavous University, Gonbad Kavous, Iran
Abstract:
Background and Aim: The special situation of medical contracts and its conditions and characteristics have been explained in such a way that it is not a contract within the framework of fixed contracts, therefore it seems that from the legal point of view, medical contract is a type of indefinite contract based on the provisions of Article 10 of the Civil Law, has special conditions and special obligations of treatment contracts, which become effective according to the agreement of the parties. In non-contractual cases regarding the relationship between doctors and other medical service personnel (such as nurses, interns, residents, etc.), the need to provide information to their patients comes from the need to preserve people's lives and in the Islamic religion, the importance of preserving the community and helping Reaching out to each other is highly emphasized as it is mentioned in the Holy Quran that saving the life of one person is like bringing all people alive and killing one person is like killing all people. Life is a divine gift, therefore respecting it and preserving it is always emphasized.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: The most obvious and fundamental example of the natural rights of every human being is the right to life, in such a way that they have given it the name "superior right". This right and respect for it have been emphasized many times in the constitutions of countries and in important international documents. In the third article of the Declaration of Human Rights, it is stated: "Every person has the right to life, liberty and personal security". According to the right to life, which every living person has, no one should and has no right to commit acts that cause the violation of this right and the deprivation of another's life. Therefore, this can justify the need to inform in such cases.
Conclusion: In view of the above, the "obligation to be the means" of the doctor's practice is obtained from the non-guarantee of a non-culpable licensed physician or nurse, intern, resident, etc, but unfortunately, in the Islamic Penal Code approved in 2013, the abandoned theory of "commitment to the result" has been accepted and a solution has been considered to escape from the related obligations, which even ignorant doctors who have questioned the most obvious principles and rules of medicine and in their treatments, they have committed serious mistakes. By acquitting the patient, they can avoid all medical moral obligations as well as civil responsibility due to their harmful act and it is an issue that the obligation to provide information in medical matters can also be raised in this assumption.
Please cite this article as:
Sajjadi S, Gholamalizadeh M, Yamrali S. The Legal Effects of Inheritance from the Perspective of the Imami Religion and Iranian Law. Medical Law Journal. 2023; 17(58): e58.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: The most obvious and fundamental example of the natural rights of every human being is the right to life, in such a way that they have given it the name "superior right". This right and respect for it have been emphasized many times in the constitutions of countries and in important international documents. In the third article of the Declaration of Human Rights, it is stated: "Every person has the right to life, liberty and personal security". According to the right to life, which every living person has, no one should and has no right to commit acts that cause the violation of this right and the deprivation of another's life. Therefore, this can justify the need to inform in such cases.
Conclusion: In view of the above, the "obligation to be the means" of the doctor's practice is obtained from the non-guarantee of a non-culpable licensed physician or nurse, intern, resident, etc, but unfortunately, in the Islamic Penal Code approved in 2013, the abandoned theory of "commitment to the result" has been accepted and a solution has been considered to escape from the related obligations, which even ignorant doctors who have questioned the most obvious principles and rules of medicine and in their treatments, they have committed serious mistakes. By acquitting the patient, they can avoid all medical moral obligations as well as civil responsibility due to their harmful act and it is an issue that the obligation to provide information in medical matters can also be raised in this assumption.
Please cite this article as:
Sajjadi S, Gholamalizadeh M, Yamrali S. The Legal Effects of Inheritance from the Perspective of the Imami Religion and Iranian Law. Medical Law Journal. 2023; 17(58): e58.
Type of Study: Original Article |
Received: 2023/06/4 | Accepted: 2023/10/21
Received: 2023/06/4 | Accepted: 2023/10/21
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