per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2015-07
9
33
11
54
article
Civil liability of physicians for emergency patients (With comparative study of law Iran and the United Kingdom)
Ebrahim Taghizadeh
1
Mahmoud Abbasi
2
Sahar Alipour
alipor.sahar@gmail.com
3
This research has tried to scrutinize an important issue that is Civil liability of physicians for emergency patients (under its comparative form) for the first time in our legal literature. To achieve this the civil liability of physicians for emergency patients is examined from two perspectives A)civil liability for doctors who refuse to treat or leave emergency rescue. B)Civil responsibility in return for physician negligence patients under treatment. Research findings indicate that a single article of the Penal Code on withholding aid to victims and eliminating risks to life, penalties helping to save the lives of victims or refusing to treat emergency patients only leave of the best examples is the fault of the physician's civil liability will follow. If due to omission criminals such as death or disability as the result of medical negligence occur the physician will sponsor negligence under Article 295 and 450 IPC. On the other hand, although according to the law of consent to treatment and emergency surgery, the permission of patient or his guardian is not required, an exemption certificate will not be at fault but the fault of the doctor or surgical treatment on the basis of Article 497 to 495 and 450 IPC stresses civic responsibility. In the legal system of England due to the lack of legislated laws the principles are based on No-responsibility (physicians) for emergency survival. However, different judicial practices in this country indicate that exceptions according to the adoption of a "special relationship" (between doctor and patient) have been entered. In addition, physicians are required to adhere to a standard of care during treatment. However, the court's approach is based on the classification of patients with non-emergency alert and emergency alert.
http://ijmedicallaw.ir/article-1-308-en.pdf
emergency patients
civil liability
fault
the legal system of England
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2015-07
9
33
55
88
article
Legal status of medical personnel regarding wounded and sick persons with emphasizing on their rights and liberties medical personnel
Esmaeil Tavar
1
Fatemeh Azimi
fatemeh.azimi1392@yahoo.com
2
Behzad Jodaki
3
In this survey, we are trying to illustrate rights and liberties of aid workers and medical personnel in the case of an Armed Conflict. In this Regard, at the very outset, legal status of humanitarian aid workers will be descried and then we will elaborate on their sets rights and liberties. At the first instance, the most important factor per se, is accessibility to victims of an armed conflict which denial of humanitarian aid in the case of accumulating with other contextual factors mentioned in international criminal court statute may lead to committing an international crime. Then, secure medical personnel’s operations and maintenance of their own security is vital for continuance humanitarian operations. Moreover, clear cut distinction between humanitarian aid groups’ rights and powers is based on different phases of the conflict and different context of the armed conflict. For an instance, legal regime on occupied territory relatively has a broad set of rights for medical personnel. Also in the case of their arrest by adverse party military forces, the treatment with this personnel elaborated in Geneva Convention.
http://ijmedicallaw.ir/article-1-314-en.pdf
Legal status
Medical personnel
Armed conflict
Rights and liberties
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2015-07
9
33
89
116
article
Right to childbearing of couples with genetic disorders in international human rights documents and the legal systems in Iran
Mahmoud Abbasi
dr.abbasi@sbmu.ac.ir
1
Aliakbar Pourfathollah
2
Abolfazl Asghari
abolfazl.asghari57@gmail.com
3
This article has aimed to analyzing right to childbearing of couples who due to having faulty genes, the risk of similar disorders for their children is high. In other words given that when the parents suffer genetic disorder simultaneously the risk of similar disorders for their children is high, could we prevent them from natural childbearing? It is evident that this question is apart from the medical measures such as diagnostic tests which we should use them in this article for decrease the related probability. We try to study legal and ethical propositions that they are heard from Politicians and experts about the necessity of prevention of couples with genetic disorders from childbearing. This proposition is being raised even for specialists in infertility treatment. So we studied human rights documents and internal regulations about right to childbearing of couples with genetic disorders and then we analyzed legally and ethically to get this right. This article emphasizes on the necessity multidimensional analysis and to avoid ignoring the issues that they are apparently less important or they don’t stimulate tendency for defend under influence of the dominant and popular debates.
http://ijmedicallaw.ir/article-1-317-en.pdf
Couples with genetic disorders
Disability
Right to childbearing
Reproductive freedom
human rights
Iranian law
Ethics
Get right
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2015-07
9
33
117
149
article
Effect of rejection of transplanted organ on body part transference legal action
Ebadollah Rostami Chelkasari
e-rostamy@guilan.ac.ir
1
Seyed Mohammad Asadinejad
2
Saeid Khafi
3
Generally any act of organ transplantation requires that reflect the will of the parties in a legal action format. This legal act is a private agreement takes place on the transfer member between the donor and recipient and the essential and basic objective of such contract is Health and improvement preservation of transplanted organ recipient. The occurrence of Squirt or rejection of transplanted organ phenomenon not happen final purpose of transfer member for reasons. providing rejection of transplanted organ specially in the legal relationship between living donor and recipient may be claimed due to mistake in the basic description of subject matter that the same to be transplantable to specific recipient individual and or the contract frustrate due to existence implied resolutely condition which arising from obligation mid achievement of results parties conscience. Or the failure to achieve the desired result Creates right of revocation and compensation for the recipient. If rejection of transplanted organ must be determine regard to general legal principle consideration to government conditions on contract in any case and perhaps the contract has been void or frustrated and or is revocable regard to necessity and need to achievement of results under particular conditions of agreement between parties. If the contract is silent cannot be accepted none of the sanctions listed as a rule and should be governed presumption of validity and necessity due to the special nature of contract and this interpretation that obligation of organ donor has been performed by separating transplanted organ of his body.
http://ijmedicallaw.ir/article-1-318-en.pdf
Rejection
donor
recipient
organ transplanted
necessity
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2015-07
9
33
151
173
article
An Analysis on the Jurisprudential and legal requirements determination of retaliation in abortion
Ruhollah Akrami
r.akrami@qom.ac.ir
1
Based on legal opinions of a number of recent jurists, The Islamic penal code, approved in 2013, In the part of Retaliation, has passed a sentence of Retaliation on the perpetrator of abortion in case some conditions are met, including the criminal intent in the perpetrator, The occurrence of criminal result or permanence of its outcome after the fetus birth, and the proving of viability in him. The legislator’s verdict was studied in this paper through a critical-analytical approach. It is said that the purport of the verdict has numerous fundamental ambiguities and problems regardless of the reason for such a viewpoint by the legislator. The necessity of viability condition for the fetus to justify the retaliation is one of its most important defects, which evidently contradicts the juristic approach and must be reformed.
http://ijmedicallaw.ir/article-1-323-en.pdf
The Islamic penal code
Islamic jurisprudence
Deliberate crime against person's bodily integrity
Abortion
Retaliation resulting from abortion
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2015-07
9
33
175
196
article
Evaluation of the observance of patients\' rights in the selected hospitals of Isfahan University of Medical Sciences
Leyla Akbari
1
Maryam Bagheri
maryambagheri83@yahoo.com
2
Zahra Baghersad
3
Nahid Aseman Rafaat
4
Introduction:
Health is one of the inalienable rights of the individual and social. Therefore, one of the most important duties of a nurse is respect for the rights of patient that is effective in health’s preservation and promotion.
Method:
This research is a descriptive study, which evaluates the rights of patients in three phase of admission, during treatment and discharge. Samples were 427 patients of the selected hospitals of Isfahan University of Medical Sciences. Information was collected using a standard designed questionnaire. Statistical analysis was performed by version 16 of SPSS.
Results:
results show that the highest score mean for observance of patient rights in the time of “admission” is option of “the most of time is observed” with a score of 1/92, The highest score mean for ”during treatment” are options of seldom(2/044) and never (2/041) Respected. Highest score mean of “discharge” is option of rarely (1/86).
Conclusions:
The results of this study show that the observance of patient right isn’t appropriate in medical surgical wards. While the observance of patient rights could help to enhance the quality of care and trust in Therapeutic centers.
http://ijmedicallaw.ir/article-1-326-en.pdf
observance of rights
hospitalized patients
selected hospitals of Isfahan University of Medical Sciences