Volume 9, Issue 34 (Autumn 2015)                   MLJ 2015, 9(34): 153-192 | Back to browse issues page

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Abbasi M, Talebi Rostami M. Reconstructive Surgery & Exemption conditions of physician from criminal responsibility. MLJ. 2015; 9 (34) :153-192
URL: http://ijmedicallaw.ir/article-1-353-en.html

Reconstructive surgery is the center of attentions as a form of plastic surgeries because of a development in Rhinoplasty surgeries and mostly for restoration of damaged or unconventional organs and due to changing of life style and social values. Meanwhile there are double complexities for medical responsibilities in reconstructive surgeries and a common idea about non-therapeutic and unnecessary condition of it.

Therefore there are various ideas about criminal responsibility of physician in these surgeries. Then it is necessary to mention that the origin of most crimes and damages in reconstructive surgeries is lack of respecting any exemption from criminal responsibilities in Islamic Punishment Law.

As a result, pursuant to para C of Art. 158 and Art. 495 in 2013 and also Art. 616 (suspended) for exemption from responsibility, firstly it is necessary to approve necessity condition of surgery according to the further dangers. Then it is a need to have freely and consciousness consent of patient. Physician is obliged to have complete specialty in relevant field. Regarding non-necessary condition of reconstructive surgery and lack of any assumptions for its emergency condition, it is a need to benefit from maximum facilities and tools for this purpose.

In addition, innocence in reconstructive surgery is not acceptable for any replacement. In any crimes, it is enough to specify the real reasons of causality of surgeon. In such an assumption, surgeon is obliged to do all its obligations including respecting any relation between profit and danger in surgery and further information and respecting maximum technical/scientific rules and governmental systems.

Type of Study: Review Article |
Received: 2015/06/29 | Accepted: 2015/08/26

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