Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 705-720 |
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Asadi M, Saber M. Criminal Intervention in the Situation of Conflict of Internets of Doctors. MLJ 2022; 16 (57) :705-720
URL: http://ijmedicallaw.ir/article-1-1509-en.html
URL: http://ijmedicallaw.ir/article-1-1509-en.html
1- Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran
Abstract:
Background and Aim: Conflict of interests in the medical profession is prominently demonstrated in violating patient rights, abusing trust between the patient and healthcare system, and the possibility of acting in a biased way by placing the personal interests of the physician (improper interests) over the best interests of the patient (proper interests) during the treatment process. The present research aims to investigate the need for criminal investigation and the criminalization of the conflict of interests in the healthcare system and in particular in the medical community as the most important players in this field.
Method: This is a descriptive-analytical research. Data was collected using the library research method and studying articles and documents.
Ethical Considerations: In all stages of writing the present research, reliability and trustworthiness have been observed while respecting the originality of the text.
Results: According to research findings, conflict of interests among physicians is rife and a nursery bed exists for its rise in the healthcare system. Many such cases go unidentified and identified cases are not subjected to effective intervention. But considering the significance of the healthcare system, the conflict of interests among physicians has been mapped under the social supervision rules. A lack of investigation and prevention may inflict irreparable damages on the healthcare system and the level of public trust.
Conclusion: Factors such as the principle of loss stemming from the loss of public trust in the healthcare system due to the performance of a physician in a conflict of interest situation, and the intrinsic unethical nature of a physician being in a situation of conflict of interest consciously, plus other such instances, justifies the need for criminal investigation and the criminalization of the conflict of interests in cases where physicians are in a conflict of interest situation. The findings of this research suggest that criminal justice intervention in cases of conflict of interest for physicians, in the general sense of intervention, is an inevitable fact. Hence, by mapping this situation in the sphere of social supervision, proactive and reactive criminal measures are recommended in accordance with the principle of using punishment as a last resort.
Please cite this article as:
Asadi M, Saber M. Criminal Intervention in the Situation of Conflict of Internets of Doctors. Medical Law Journal. 2022; 16(57): e51.
Method: This is a descriptive-analytical research. Data was collected using the library research method and studying articles and documents.
Ethical Considerations: In all stages of writing the present research, reliability and trustworthiness have been observed while respecting the originality of the text.
Results: According to research findings, conflict of interests among physicians is rife and a nursery bed exists for its rise in the healthcare system. Many such cases go unidentified and identified cases are not subjected to effective intervention. But considering the significance of the healthcare system, the conflict of interests among physicians has been mapped under the social supervision rules. A lack of investigation and prevention may inflict irreparable damages on the healthcare system and the level of public trust.
Conclusion: Factors such as the principle of loss stemming from the loss of public trust in the healthcare system due to the performance of a physician in a conflict of interest situation, and the intrinsic unethical nature of a physician being in a situation of conflict of interest consciously, plus other such instances, justifies the need for criminal investigation and the criminalization of the conflict of interests in cases where physicians are in a conflict of interest situation. The findings of this research suggest that criminal justice intervention in cases of conflict of interest for physicians, in the general sense of intervention, is an inevitable fact. Hence, by mapping this situation in the sphere of social supervision, proactive and reactive criminal measures are recommended in accordance with the principle of using punishment as a last resort.
Please cite this article as:
Asadi M, Saber M. Criminal Intervention in the Situation of Conflict of Internets of Doctors. Medical Law Journal. 2022; 16(57): e51.
Keywords: Conflict of Interest, Healthcare System, Medical Criminal Law, Criminal Justice Intervention
Type of Study: Original Article |
Received: 2022/03/2 | Accepted: 2022/05/29
Received: 2022/03/2 | Accepted: 2022/05/29
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