Volume 6, Issue 21 (Summer 2012)                   MLJ 2012, 6(21): 65-78 | Back to browse issues page

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Askaripour H, Taghizadeh Baghi E. Rules for determination of the Blood Moneys Persons' in Vegetative state. MLJ. 2012; 6 (21) :65-78
URL: http://ijmedicallaw.ir/article-1-424-en.html
Abstract:  

Various definitions of death are provided in medicine and it is divided into real, exterior and brain ones, but one state that has a close imminency with death and sometimes is mistaken with it is the "vegetative state". Basically, one is not deemed dead in the aforesaid state contrary to the forms of death and he enjoys life. In the case law, judges and forensic physicians always disagree on the method to calculate the amount of blood money for these persons and this matter will cause the prolongation of hearings. To clarify more, under criminal laws, the blood money and/or a separate Arsh (indefinite blood money) must be determined concerning these persons in respect of inflicted damages on their body organs and interests. However, there is doubt as to the acceptance of this view in general by the experts of forensic medicine. On the other hand, notwithstanding the principle of the governance of non-interference of blood moneys in physical harms and the refusal to pay various blood moneys by the insurer, such a matter typically causes the denial of the occupational security of the physicians and makes them encounter challenges regarding the payment of blood money. In this paper, it has been tried to instruct by providing proper solutions.


Received: 2012/02/18 | Accepted: 2012/05/16

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