Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 252-263 |
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Sarmadi P, Jafari N, Raiyati Z. Commitment or Authority of Medical Staff to Prioritization of the Patients in the Pan Demies. MLJ 2023; 17 (58) :252-263
URL: http://ijmedicallaw.ir/article-1-1568-en.html
URL: http://ijmedicallaw.ir/article-1-1568-en.html
1- Department of Law, Meybod University, Meybod, Iran
2- Department of Law, Meybod University, Meybod, Iran.
2- Department of Law, Meybod University, Meybod, Iran.
Abstract:
Background and Aim: According to general principles, the right to treatment exists equally for all members of the society. However, by the epidemic of the new disease such as Corona and by attention to its special features such as lack of knowledge of definitive treatment, lack of medical equipment appropriate to the large number of patients and inability to predict the patient's recovery or deterioration, the possibility of full enjoyment of this right seems so difficult. Therefore, in the assumption of being two critically ill patients and in need of life-saving treatment and absence of necessary facilities, the possibility of priority and select of patient, the criteria of preference and determination of the limits of civil liability of the medical staff are very important and need jurisprudential-legal analysis.
Methods: In this research trying to consider the issue in foreign and internal legal systems by descriptive-analytical method.
Ethical Considerations: In the present study, adherence to the scientific method, ethical principles, fiduciary, duty and intellectual and intellectual property have been respected.
Results: Although the medical staff has the right to prioritize the treatment of patients, but the criteria of priority and preference of patients are not clear. It seems that a set of individual and social criteria that are appropriate to the circumstances in each case can be helpful in determining the patient selected for treatment.
Conclusion: Research findings indicate that in some of foreign legal systems such as Britanie, the regulator mentioned expressly to the possibility of priority to the medical staff by passing special instructions, so in the inner legal system despite the fact that the legislator does not stipulate specifically, according to the principles of Islamic law and Imami jurisprudence, including the rule of "giving priority to the most important" and also in order to protect the general interests of the society, the medical staff can prioritize patients with the higher possibility of survival in treatment and if priority is given to treatment, they will have no civil liability.
Please cite this article as:
Sarmadi P, Jafari N, Raiyati Z. Commitment or Authority of Medical Staff to Prioritization of the Patients in the Pan Demies. Medical Law Journal. 2023; 17(58): e18.
Methods: In this research trying to consider the issue in foreign and internal legal systems by descriptive-analytical method.
Ethical Considerations: In the present study, adherence to the scientific method, ethical principles, fiduciary, duty and intellectual and intellectual property have been respected.
Results: Although the medical staff has the right to prioritize the treatment of patients, but the criteria of priority and preference of patients are not clear. It seems that a set of individual and social criteria that are appropriate to the circumstances in each case can be helpful in determining the patient selected for treatment.
Conclusion: Research findings indicate that in some of foreign legal systems such as Britanie, the regulator mentioned expressly to the possibility of priority to the medical staff by passing special instructions, so in the inner legal system despite the fact that the legislator does not stipulate specifically, according to the principles of Islamic law and Imami jurisprudence, including the rule of "giving priority to the most important" and also in order to protect the general interests of the society, the medical staff can prioritize patients with the higher possibility of survival in treatment and if priority is given to treatment, they will have no civil liability.
Please cite this article as:
Sarmadi P, Jafari N, Raiyati Z. Commitment or Authority of Medical Staff to Prioritization of the Patients in the Pan Demies. Medical Law Journal. 2023; 17(58): e18.
Type of Study: Original Article |
Received: 2022/11/19 | Accepted: 2023/04/19
Received: 2022/11/19 | Accepted: 2023/04/19
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