Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 595-605 |
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Shirmohammadi S, Mazloom Rahni A R, Pahlavani F. A Medico-Legal Analysis of the Conditions for Suspending the Novation of Therapeutic Obligations in Cancer Treatment under the Protocols of the Ministry of Health and Medical Education. MLJ 2026; 20 (61) :595-605
URL: http://ijmedicallaw.ir/article-1-2041-en.html
URL: http://ijmedicallaw.ir/article-1-2041-en.html
1- . Department of Law, GhaemShahr Branch, Islamic Azad University, GhaemShahr, Iran.
2- . Department of Law, Shahr Ghods Branch, Islamic Azad University, Ghods, Iran.
3- Department of Law, Yadegae Emam Branch, Islamic Azad University, Tehran, Iran.
2- . Department of Law, Shahr Ghods Branch, Islamic Azad University, Ghods, Iran.
3- Department of Law, Yadegae Emam Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: Background and Aim: Emerging cancer treatment modalities based on nuclear technology have been introduced as potential alternatives to conventional chemotherapy, offering acceptable therapeutic efficacy while avoiding many of the adverse effects associated with chemotherapy. Nevertheless, the risk of patient mortality cannot be entirely eliminated. Owing to safety concerns, the clinical application of such technologies was suspended for a considerable period in the United States. This study examines the legal conditions governing the suspension of changes in therapeutic obligations under the regulatory framework of the Ministry of Health and Medical Education.
Methods: This study employed a descriptive–analytical methodology to examine the legal conditions governing the suspension of the novation of therapeutic obligations arising from the transition from chemotherapy to radiation-based cancer treatment.
Ethical Considerations: Throughout this study, the principles of academic integrity and responsible research conduct were fully observed.
Results: The findings indicate that, under both Islamic jurisprudential principles and administrative law, implementation of a new therapeutic modality requires a high degree of scientific certainty regarding its safety and effectiveness before its clinical adoption. The Ministry of Health and Medical Education is therefore required to evaluate emerging medical technologies and to establish regulatory protocols governing their clinical application.
Conclusion: Until specific regulations governing the clinical use of radiation-based cancer therapies are enacted, the implementation of such therapeutic modalities should remain suspended. Should regulatory approval be granted, the legal conditions governing the modification of therapeutic obligations should ensure that the patient’s informed consent to the proposed change in treatment constitutes the primary legal basis for such modification.
Please cite this article as:
Shirmohammadi S, Mazloom Rahni AR, Pahlavani F. Investigating the Conditions for Suspending the Conversion of Commitment in Chemotherapy Based on the Protocol of the Ministry of Health and Medical Education. Medical Law Journal. 2026; 20: e38.
Methods: This study employed a descriptive–analytical methodology to examine the legal conditions governing the suspension of the novation of therapeutic obligations arising from the transition from chemotherapy to radiation-based cancer treatment.
Ethical Considerations: Throughout this study, the principles of academic integrity and responsible research conduct were fully observed.
Results: The findings indicate that, under both Islamic jurisprudential principles and administrative law, implementation of a new therapeutic modality requires a high degree of scientific certainty regarding its safety and effectiveness before its clinical adoption. The Ministry of Health and Medical Education is therefore required to evaluate emerging medical technologies and to establish regulatory protocols governing their clinical application.
Conclusion: Until specific regulations governing the clinical use of radiation-based cancer therapies are enacted, the implementation of such therapeutic modalities should remain suspended. Should regulatory approval be granted, the legal conditions governing the modification of therapeutic obligations should ensure that the patient’s informed consent to the proposed change in treatment constitutes the primary legal basis for such modification.
Please cite this article as:
Shirmohammadi S, Mazloom Rahni AR, Pahlavani F. Investigating the Conditions for Suspending the Conversion of Commitment in Chemotherapy Based on the Protocol of the Ministry of Health and Medical Education. Medical Law Journal. 2026; 20: e38.
Keywords: Radiation Therapy, Nuclear Technology, Discharge of Obligations, Novation, Suspensive Conditions.
Type of Study: Original Article |
Received: 2025/11/19 | Accepted: 2026/03/15
Received: 2025/11/19 | Accepted: 2026/03/15
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