Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 810-825 |
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Alizadeh Y, Masoudinia M, Ali Nejad I. The Effects of Disclaimer on Medical Law by Emphasizing on the New Islamic Penal Code. MLJ 2022; 16 (57) :810-825
URL: http://ijmedicallaw.ir/article-1-1525-en.html
URL: http://ijmedicallaw.ir/article-1-1525-en.html
1- Department of Theology, Jurisprudence and Islamic Law, Faculty of Theology and Islamic Sciences, Payam Noor University, Tehran, Iran
2- Department of Law, Faculty of Social Sciences and Law, Payam Noor University, Tehran, Iran
3- Department of Theology, Faculty of Theology and Islamic Sciences, Payam Noor University, Tehran, Iran
2- Department of Law, Faculty of Social Sciences and Law, Payam Noor University, Tehran, Iran
3- Department of Theology, Faculty of Theology and Islamic Sciences, Payam Noor University, Tehran, Iran
Abstract:
Background and Aim: Informed consent to treatment, although the requirement is for medical procedures, but not a sufficient condition for the exemption of medical liability and it is necessary to obtain exemptions from and its kind in the condition of responsibility is interpreted by doctors, therefore, if the patient has not written a physician innocence and his actions caused damage to the patient, whether the defect or lost, will be in charge of civil and criminal.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: According to the Penal Code approved in 1392 to treat a patient if the doctor was acquitted and the depreciation cannot be guaranteed. Of course, academic satisfaction must have the legal status to be referred to the and as a general rule it can be said patient treatment without his consent, except in cases of emergency the practical responsibility is binding, why is the right of every human being that has jurisdiction over your body and soul and is protected by law.
Conclusion: One of the basic principles of respect for individual autonomy in medical ethics and public morality, and as a principle is accepted, it's right in the Universal Declaration of Human Rights as "the right to security of person" expressed and the constitution of the Islamic Republic of attack mentioned in Article 22 of the immunity of body and soul is and 495 to 497 of the Penal Code of 1392 also referred to the issue of physician responsibility.
Please cite this article as:
Alizadeh Y, Masoudinia M, Ali Nejad E. The Effects of Disclaimer on Medical Law by Emphasizing on the New Islamic Penal Code. Medical Law Journal. 2022; 16(57): e58.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: According to the Penal Code approved in 1392 to treat a patient if the doctor was acquitted and the depreciation cannot be guaranteed. Of course, academic satisfaction must have the legal status to be referred to the and as a general rule it can be said patient treatment without his consent, except in cases of emergency the practical responsibility is binding, why is the right of every human being that has jurisdiction over your body and soul and is protected by law.
Conclusion: One of the basic principles of respect for individual autonomy in medical ethics and public morality, and as a principle is accepted, it's right in the Universal Declaration of Human Rights as "the right to security of person" expressed and the constitution of the Islamic Republic of attack mentioned in Article 22 of the immunity of body and soul is and 495 to 497 of the Penal Code of 1392 also referred to the issue of physician responsibility.
Please cite this article as:
Alizadeh Y, Masoudinia M, Ali Nejad E. The Effects of Disclaimer on Medical Law by Emphasizing on the New Islamic Penal Code. Medical Law Journal. 2022; 16(57): e58.
Type of Study: Original Article |
Received: 2022/02/24 | Accepted: 2022/07/9
Received: 2022/02/24 | Accepted: 2022/07/9
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