per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2017-07
11
41
7
33
article
Study on Liability Arising from Concealing Drug Disorders and Role of Warning Principle
Seyed Mehdi Salehi
hajebi65@yahoo.com
1
Ibrahim Ali Asgari
2
Siamak Jafarzadeh
3
Urmia University, Urmia, Iran. (Corresponding author)
Urmia University, Urmia, Iran
Urmia University, Urmia, Iran
Background and aim: One of the the most vital consumer goods according to the requires of human society and the natural medicines that may have complications and risks for consumers As well as medicines and medical equipment are today of particular complexity.So full advantage of them requires consumer training to will not suffered an accident and to appropriately benefit from the drug. Therefore it is necessary to pharmacists necessary warnings on drug attach and the correct way to teach the use of complex drugs. This issue is also addressed in rules of jurisprudence and warning the discussion placed as a rule. Therefore, no responsibility lifter be effectively any warning. So main issue in this study is whether we can deter pharmaceutical rule according to the warning and the necessary training is not responsible for damages inflicted on the consumer? Under what conditions can warning rule lifter be the responsibility of pharmacists?
Method: In this paper, using the method of study, the results achieved.
Findings: According to custom and law, pharmacists are required to provide essential information and warnings to consumers of the drug.
Conclusion: According to warning any kind of warning that such rules are in compliance with the conditions can be issued lifter be the responsibility of pharmacists On the other hand if necessary warning is not issued by the pharmacist he is responsible for any kind of damages that users be entered.
Please cite this article as: Salehi SM, Ali Asgari I, Jafarzadeh S. Study on Liability Arising from Concealing Drug Disorders and Role of Warning Principle. Iran J Med Law 2017; 11(41): 7-33.
http://ijmedicallaw.ir/article-1-744-en.pdf
Warning Rule
Responsibility
Drug
Pharmacist
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2017-07
11
41
35
55
article
Hymen Restoration from Criminal Law Perspective
Sayyed Mortaza Mirzadeh Ahari
hsma1361@gmail.com
1
Researcher in Juridical Forensic Research Centre, Qom, Iran
The Iranian criminal law did not criminalize hymen restoration. But, whenever girls do this act - with its special conditions - as "marriage fraud", it causes criminal liability to realize for him as a perpetrator, and in case of unity of intention for the doctor as complicity in the offense. Also, if the "Hiding adultery" is true as the act of physician, and she has the intention to save the girl in from trial and conviction by these means, it could be punishable under Article 554 of the punishment law. This article reviews the above issues and hymen restoration in criminal cases and is to verify that hymen restoration is not a crime in most cases, because of lack of mental element and the mentioned criminal categories are not true about it.
Please cite this article as: Mirzadeh Ahari SM. Hymen Restoration from Criminal Law Perspective. Iran J Med Law 2017; 11(41): 35-55.
http://ijmedicallaw.ir/article-1-743-en.pdf
Hymen Restoration
Criminal Law
Deception in Marriage
Hide Evidence of Delict
Abetting
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2017-07
11
41
57
79
article
Analysis of Inheritance of Fetus Produced through Modern Fertility Techniques
Hamid Masjedsaraie
h_masjedsaraie@profs.semnan.ac.ir
1
Azam Nazari
2
Faculty of Human Sciences, Semnan University, Semnan, Iran. (Corresponding author)
Mashhad Uninersity, Mashhad, Iran
With the development of medical knowledge in the field of treatment of infertility, jurisprudence and legal issues have raised about it, among which is inheritance of fetus produced through modern fertility techniques. Given "inheritance" is a civil right of the fetus, so, the question is that what is the inheritance status of child produced through modern fertility techniques? Thus the purpose of this research is study of inheritance fetus in view point of jurisprudence and law. We have utilized library and documentary methods in collecting of content and style of writing is descriptive, reasoning, analytical interpretationall. So, in the intrauterine insemination techniques, IVF and surrogacy in which sperm and eggs are taken from the couple, there is no doubt that the child and the couple inherit from each other; however, when it comes to embryo donation and gamete donation techniques in which sperm or eggs are obtained from persons other than the couple, parents are donors of sperm and egg and therefore it is them who have an inheritance relationship with the fetus. In emerging techniques of ovary transplant or testicular transplant after transplantation, the transplanted organ constitutes the original organ of the donee and since egg or sperm is produced in the body of donee after transplantation, the parents of the child produced by this technique are the dones couple and inheritance relationship exists between the child and the couple like it exists between the couple and their other children.
Please cite this article as: Masjedsaraie H, Nazari A. Analysis of Inheritance of Fetus Produced through Modern Fertility Techniques. Iran J Med Law 2017; 11(41): 57-79.
http://ijmedicallaw.ir/article-1-742-en.pdf
Fetus
Inheritance
Conception
Born Alive
Modern Fertility Technique
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2017-07
11
41
81
96
article
Evaluation of Relationship between Pregnant Women\'s Awareness of Jurisprudence and Legal Provisions and Their Attitude to Induced Abortion: Case Study of Pregnant Women Attending
Imam Ali Hospital in Zabol
Fatemeh Mansori
1
Somayeh Shahraki Dehsoukhteh
Sshahraki@uoz.ac.ir
2
Amir Hamzeh Salarzai
3
Faculty of Law, University of Sistan and Baluchestan, Zahedan, Iran
Department of Statistics, University of Zabol, Zabol, Iran. (Corresponding author)
Faculty of Law, University of Sistan and Baluchestan, Zahedan, Iran
Background and aim: The aim of this study was to determine correlation between the juridical-legal awareness of regulations with the attitude to miscarriage in pregnant women in the city of Zabol. The method used in this research is descriptive method. The study population consisted of all pregnant women admitted to hospital in the city of Zabol in the spring and summer of 1394-95.
Method: 60 pregnant women random sampling method and the samples were selected. The data collection tool was questionnaire. To analyze the data, descriptive and inferential statistics (independent t-test, ANOVA and Scheffe post hoc test) at a significance level of less than 05/0 using spss software version 22 was used.
Findings: The results showed a significant relationship between education, income, and knowledge of jurisprudence and legal provisions, there was a significant relationship with the attitude to abortion. While, among the variables between the place of residence, age and attitude to miscarriage was found at a significance level of less than 05/0.
Conclusion: According to the study results, the promotion of women's awareness of legal regulations and legal abortion and providing necessary facilities and classes to educate pregnant women about the risks of abortion and abortion big step towards reducing maternal mortality and to improve their quality of life is.
Please cite this article as: Mansori F, Shahraki Dehsoukhteh S, Salarzai AH. Evaluation of Relationship between Pregnant Women's Awareness of Jurisprudence and Legal Provisions and Their Attitude to Induced Abortion: Case Study of Pregnant Women Attending Imam Ali Hospital in Zabol. Iran J Med Law 2017; 11(41): 81-96.
http://ijmedicallaw.ir/article-1-741-en.pdf
Juridical-Legal Knowledge
Abortion
Pregnant Women
Zabol
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2017-07
11
41
97
117
article
Analysis of Tort Law of Genetic Counselor in Negligent Prenatal Diagnosis
Elahe Parsa
1
Mahmoud Abbasi
dr.abbasi@sbmu.ac.ir
2
Abbas Karimi
3
Hamid Rahmani Manshadi
4
Mohamd Hossein Jafari
5
Department of Law, Yazd Branch of Islamic Azad University, Yazd, Iran
Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences and Health Services, Tehran, Iran. (Corresponding author)
Faculty of Law and Political Science, Tehran University, Tehran, Iran
Department of Law, Yazd University, Yazd, Iran
Department of Law, Yazd Branch of Islamic Azad University, Yazd, Iran
Genetic technology in the field of medical science has been one of the great revolutions which it is in progress in molecular and cellular biology and the human genome project. The progress in genetic testing gives people the authority to prevent that certain diseases and also prevent the birth of children with rare genetic disorders. With the advancement of the science, genetic counselors are required to provide new information about the diseases for Visitors to be Responsible in case of violation of this duty.
This article is presented at the International Conference on Medical Law (Genetic Law), is a retrospective study based on extensive literature survey, translated articles, theses and benefiting from the experiences of other countries. Findings indicate that when a genetic counselor provides counseling services, it is legally required to take into account the interests of the client and take care of him and respond to his expectations. A counselor who disregards the client and does not take the necessary care is legally responsible. Most cases of professional failure are the result of neglect. Some person believe that a genetic counselor is not the guarantor of damages to parents and children with disabilities, but according to the studies conducted it is far from fair that if all the components of the guaranty (fault, harm, the causal relationship between the harm done and The fault) of the genetic counsel is clear of responsibility. Therefore, parents and children with disabilities can file lawsuits in accordance with the rules tort law in the form of wrongful birth and wrongful life caused in court of general jurisdiction or court of Police Prosecutor, and claim damages or filing a lawsuit. The results showed that proof of guilt about the genetic counselor is different from other risk factors. So, the Commitment to accurate information for the genetic counselor causes the claim for a patient if that is proved to have genetic counselor. Then, genetic counselor in relation to the information obligation is claimed and the issue that the necessary information is given to the patient is a claim that should be proven by the counselor. In addition to the discussion about who can claim special features. Parents can claim arising wrongful birth and recovery all extraordinary damages to maturity. As well as the child can be claim for wrongful life and recovery only costs after maturity. It is necessary that The Courts determine the money as compensation in the form blood money or a penalty for certain wound Because of inability to determine the future losses and continuation of their bitter effects, the courts determine a pension for the future of the child with disabilities.
Please cite this article as: Parsa E, Abbasi M, Karimi A, Rahmani Manshadi H, Jafari MH. Analysis of Tort Law of Genetic Counselor in Negligent Prenatal Diagnosis. Iran J Med Law 2017; 11(41): 97-117.
http://ijmedicallaw.ir/article-1-740-en.pdf
Tort Law
Loss
Genetics Counselor
Negligent
Causation
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2017-07
11
41
119
138
article
Legal Actions of Individuals Inflicted with Down Syndrome
Mohammad Salehi Mazandarani
1
Masoumeh Ehsani
masoumeh.ehsani@gmail.com
2
University of Qom, Qom, Iran
Islamic Azad University, Science and Research Branch, Qom, Iran. (Corresponding author)
Syndrome means a set of physical and mental symptoms which is manifestation of a disease or hereditary anomaly and its Persian equivalent is “Neshanegan”. The cause of this phenomenon is a type of disorder in chromosomal arrangement which happens in the embryonic stages and at the time of cell division. Those who suffer Down syndrome include 47 chromosomes instead of 46 chromosomes in the cells of their bodies. The extra chromosome in the body of the one suffering Down Syndrome causes physical and mental changes. Insofar as the main concerning factor in the Down Syndrome is mental retardation.
Regarding that within a stage of their life period (nonage period), all human beings are forbidden of law enforcement and possession of their own property and inevitably must pass a period of Incapacity forcibly, as for Down sufferers who are inflicted with the mental faculties disorder and this state is continued to after reaching to the maturity as well and regarding the different degrees of mental retardation, it is necessary that their lawful action status and the lawful effect of this infliction on the lawful acts in different degrees to be considered. It is worth mentioning that in this case we are facing with the silence of law and the procedure of courts act on issuance of Interdiction for these individuals.
Please cite this article as: Salehi Mazandarani M, Ehsani M. Legal Actions of Patients with Down Syndrome. Iran J Med Law 2017; 11(41): 119-138.
http://ijmedicallaw.ir/article-1-739-en.pdf
Down Syndrome
Mental Retardation
Incapacity
Insanity
Dementia
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2017-07
11
41
139
163
article
Legal and Juridical Study on Controlled Delivery by States
Seyed Reza Ehsanpour
: Ehssanpour@Gmail.com
1
Ehsan Abbas Zadeh
2
Mohammad Mahdi Hosseini
3
Madihe Hashempour
4
Seyed Mohammad Reza Ehsanpour
5
Siamak Rafaati Khosroshahi
6
Faculty of Humanities, Azad University of Sari, Sari, Iran. (Corresponding author)
Imam Sadiq University, Tehran, Iran
Imam Sadiq University, Tehran, Iran
Faculty of Humanities, Azad University Centeral Tehran Branch, Tehran, Iran
Faculty of law, Qom University, Qom, Iran
Tarbiat Modares University, Tehran, Iran
Controlled delivery is a new method to discover drug smugglers origin and destinations. Practicing this method can help to provide necessary evidences and to capture all drug belongs including: producers, distributors etc. Controlled delivery first appeared in article 11 of Genève convention in 1997 although some countries had made already bilateral agreements to practice this method among them. To perform this method there will be many juridical and legal obstacles. For example in the realm of law impossibility of attributing the crime to offenders, possibility of consulting to police staff and disregarding innocence presumption are very important issues. In addition, performing this method may accelerate bribery and money laundering grounds. In juridical context, although there are some main problems in this respect but some juridical principles like "No Harm", "Public Beneficiary" and "Doing Based on Public Traditions" support this method.
Please cite this article as: Ehsanpour SR, Abbas Zadeh E, Hosseini MM, Hashempour M, Ehsanpour SMR, Rafaati Khosroshahi S. Legal and Juridical Study on Controlled Delivery by States. Iran J Med Law 2017; 11(41): 139-163.
http://ijmedicallaw.ir/article-1-738-en.pdf
Controlled Delivery
Drugs
Jurisdiction
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2017-07
11
41
165
180
article
Patent Rights and Legal Protection of New Medical Application
Mohammad Hadi Mirshamsi
mh_mirshamsi@yahoo.fr
1
Khairollah Hormozi
2
Mahboob Afrasiab
3
Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran. (Corresponding author)
Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran
Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran
Nowadays, in proportion to the growth and industrialization of societies, the rights of inventors is one of the key tools for provides incentives to create so that most legal systems try to regulate this needs and prevent the violation of such rights. This has been emphasised by jurists, economists and policy makers since it contribute to the growth and progress of knowledge-based economy that is rooted in innovation and commercialization of inventions. Yet, the protection of medicine by patent systems has been challenging as the exclusive rights could reduce the access to medicine for the public. This is also the case for new medical application as it fit uneasily with the novelty criteria within the stantands of patent. This article reviews the recent development of patenting second and subsequent medical use in pharmecuical industy.
Please cite this article as: Mirshamsi MH, Hormozi K, Afrasiab M. Patent Rights and Legal Protection of New Medical Application. Iran J Med Law 2017; 11(41): 165-180.
http://ijmedicallaw.ir/article-1-736-en.pdf
Intellectual Property Protection
Patent Rights
New Drug Application
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2017-07
11
41
181
201
article
Examination of Relationship between Anti-Social and Borderline Personality Disorders and Addiction: Case Study of Bonab
Keyvan Heidarnejad
1
Jamal Beigi
2
Hamed Zeynali
keyvan_heidarnejad@yahoo.com
3
Faculty of Criminal Law and Criminology, Islamic Azad University, Maragheh Branch, Maragheh, Iran
Faculty of Criminal Law and Criminology, Islamic Azad University, Maragheh Branch, Maragheh, Iran
Faculty of Private law, Islamic Azad University, Tabriz Branch, Tabriz, Iran
Background and aim: This study aims at comparing the anti-social and borderline personality disorders and addiction among healthy individuals and addicts who are referring to Addiction Treatment Centers at Bonab.
Method: This study is of descriptive-survey method, with the statistical population size of 120 people. 60 addicts and 60 healthy individuals were selected through random sampling method. Millon Clinical Multiaxial Inventory (MCMI-III) is the data collection tool in this research that includes 175 questions. Data analysis is also conducted in descriptive and inferential statistics (independent T-test).
Findings: The results show that the average anti-social personality disorder in healthy individuals and addicts are equal to 13.03 and 21.40 respectively. The results also show that the average borderline personality disorder in healthy individuals and addicts are equal to 13.45 and 19.33 respectively.
Conclusion: Considering the achieved results, it is understood that there is a significant relationship between anti-social and borderline personality disorders and addiction.
Please cite this article as: Heidarnejad K, Beigi J, Zeynali H. Examination of Relationship between Anti-Social and Borderline Personality Disorders and Addiction: Case Study of Bonab. Iran J Med Law 2017; 11(41): 181-199.
http://ijmedicallaw.ir/article-1-748-en.pdf
Addiction
Anti-Social Personality Disorder
Borderline Personality Disorder