- Nursing law group
Iranian Association of Medical Law
Shahid Beheshti University of Medical sciences
Tehran
Iran
Dr. Hamid Reza Salehi
Payame Noor University (PNU), Tehran, Law, Faculty Member
- Medical Law, Health Law, Law, Bioethics, Islamic bioethics, Medical Ethics, and 23 moreBioethics Reproductive Technology, Human Dignity, Embryo Research, Abortion, Human Dignity, Bioethics in Europe, European laws on bioethics, Medical liability, Medical and Research ethics, Jurisprudence, Negligence (Medical Law), Medical Negligence, Clinical Negligence, Iranian Law, Medical Ethics & Law, Islamic Law, Reproductive Ethics, Biolaw, Islamic Medical Law and Ethics, Family Law, Muslim Family Law, Islamic Family Law, Family studies, Child Development, and Adoptionedit
- I am a faculty member at department of law, Payame Noor University and also an assistant director of nursing law grou... moreI am a faculty member at department of law, Payame Noor University and also an assistant director of nursing law group of Iranian Association of Medical Law. I am scientific and technical editor of quarterly journal of medical law at Shahid Beheshti University of Medical Sciences, Tehran (Iran). I am also a member and a researcher of International Association of Islamic Bioethics, Tehran (Iran).
I am currently a postgraduate in the Department of Law at Shahed University. But this is just the first leg of an exciting journey. My thesis Title was: "The definition of fault and its influence on the civil responsibility in treatment procedure". Evaluated and approved by the thesis committee (with a score of 19.75/20, Magna cum laude) on June 15th 2011.
More recently, I became a faculty member at department of law, Payame Noor University, PO BOX 19395-3697 Tehran, I.R of IRAN.edit
Background and aim: Nowadays, in many of the great social harms, the track of positive psychology is outstanding. The purpose of this study is to investigate the relationship between psychological capitals of people with their tendency to... more
Background and aim: Nowadays, in many of the great social harms, the track of positive psychology is outstanding. The purpose of this study is to investigate the relationship between psychological capitals of people with their tendency to crime. Method: This study was conducted among adolescents in Esfahan by quantitative method and its statistical data has been selected 384 among 613,220 people by using Cochran formula and also has been questioned. Data analysis was performed with the help of the SPSS 18 Software and Amos graphics. Finding: In studying general assumption, there was a significant negative relationship between the two main variable. That is to say, whatever psychological capital goes high, the tendency to crime will be reduced. However, in studying the minor assumption there was not a significant relationship between self-confidence and tendency to crime which is considerable among adolescents. The modeling results has approved this relationship, as well. Conclusion: According to the findings, by increasing psychological capital components and emotional strength of people, crime commitment can be reduced. Through this way people will be vaccinated against their problems in life.
Research Interests:
Adoption is a legal institution whereby a special relationship is developed between the adopted child and step father and step mother. This matter has a relatively long history in the history of law and with its different objectives has... more
Adoption is a legal institution whereby a special relationship is developed between the adopted child and step father and step mother. This matter has a relatively long history in the history of law and with its different objectives has been an object of attention in different eras. After a series of developments, the establishment of adoption is currently accepted in the laws of western countries in the forms of complete, simple or incomplete, with different impacts. In Iran, despite a history of the acceptance of this institution during Sassanid era, and its credibility in the eyes of the Zoroastrians, it became abolished through the influence of Islam; however, at the present time, due to its individual and social benefits and society’s need and the establishment of justice and the protection of children without guardian, this law has been revived as the “Law for Protection of Children without a Guardian”, with certain legal impacts. Albeit, in the Islamic legal system adoption, as an institution having all effects of the sanguinity, has been rejected, but the guardianship of children without a guardian and the orphan and paying attention to these children and the way one treats them has been recommended in many verses and traditions. In general, it seems that guardianship in Iran is much like the simple child adoption in French law. The main question of this paper is: Given the abolishment of adoption regulations in Islam and in many cases, the influence of Islamic jurisprudence on the Iranian legal system, how is adoption treated; also due to society’s need for the adoption, what provisions have been considered for it? After explaining the concept of adoption using a comparative study approach, the author answers questions relation to issues such as the causes of adoption abolishment in Islam, practical adoption of children without guardian, adoption in Iranian Law, acceptance of this institution in French Law, simple and complete kinds of adoption in this country and other relevant questions and investigates the ‘Law for Protection of Children without a Guardian’, simultaneously.
Research Interests:
Determining the end of childhood and ways to combat child abuse by Iranian legislators, especially according to the Children Protection Act (enacted in 1381) and the differences between child abuse and educational methods- such as... more
Determining the end of childhood and ways to combat child abuse by Iranian legislators, especially according to the Children Protection Act (enacted in 1381) and the differences between child abuse and educational methods- such as punishment- which is considered to be one of the parental rights are the concerns of this study. Of the drawbacks of the laws protecting children and adolescents are lack of proper executive enforcement anticipated for child abuse in Article 2, problems of the penalties provided in Article 4, the discrepancy of decrees in Article 8 with the legislative procedure in other criminal laws and ambiguity in the limit of traditional punishment and discipline. Adjunction of clause: "any physical or mental abuse of a child" to deprive the child of parents in Article 1173 of the Civil Code, the prediction of the guarantee of the enforcement of Article 1178 of the Civil Code and establishment of offices responsible for the judicial protection of children as well as victimized children after the occurrence of a crime are examples proposed in this scientific research.
Research Interests:
Determining the end of childhood and ways to combat child abuse by Iranian legislators, especially according to the Children Protection Act (enacted in 1381) and the differences between child abuse and educational methods- such as... more
Determining the end of childhood and ways to combat child abuse by Iranian legislators, especially according to the Children Protection Act (enacted in 1381) and the differences between child abuse and educational methods- such as punishment- which is considered to be one of the parental rights are the concerns of this study. Of the drawbacks of the laws protecting children and adolescents are lack of proper executive enforcement anticipated for child abuse in Article 2, problems of the penalties provided in Article 4, the discrepancy of decrees in Article 8 with the legislative procedure in other criminal laws and ambiguity in the limit of traditional punishment and discipline. Adjunction of clause: "any physical or mental abuse of a child" to deprive the child of parents in Article 1173 of the Civil Code, the prediction of the guarantee of the enforcement of Article 1178 of the Civil Code and establishment of offices responsible for the judicial protection of children as well as victimized children after the occurrence of a crime are examples proposed in this scientific research.
Research Interests:
The tendency to beauty is an intrinsic and natural desire and quest of every human-being. According to the history, surgery to improve one’s looks existed in Alexandria and in ancient Rome. Considering the developments and expansions... more
The tendency to beauty is an intrinsic and natural desire and quest of every human-being. According to
the history, surgery to improve one’s looks existed in Alexandria and in ancient Rome. Considering the
developments and expansions made in the meaning of ''Disease'', the psychiatrists and knowledgeable
people at that time, started to declare that the person’s physical defects were a reflection of an inner
mental disorder , thus physical features which did not meet a certain degree of perfection were seen as a
kind of disease and consequently cosmetic surgical operations aimed at reflecting inner beauty, in this
case, mental beauty were seen as the only kind of treatment of this disease. The main doubts regarding
the legality of cosmetic surgeries were removed by considering the aim of the treatment of these kinds of
surgeries and also the contemporary theories in authorization of surgeries aimed at improving one’s looks,
so that cosmetic surgeries now are considered legal and lawful. Although in most legal systems as well as
in Islamic countries, the nature of medical obligations is the obligation to the means, however in some
special cases, the nature of medical obligations is the obligation to the results. In the Iranian's legal
system, the nature of surgeons’ obligations has been introduced as the obligation to the results which
seems reasonable and logical. So in this article, with a brief description of the history of the subject and
the views of proponents and opponents, the nature of surgeons obligations it's been tried to comparatively
study. An analytical investigation of the nature of the obligations of the surgeons has been dealt with in
some controversial, common and related instances, i.e cosmetic and/or plastic surgery.
the history, surgery to improve one’s looks existed in Alexandria and in ancient Rome. Considering the
developments and expansions made in the meaning of ''Disease'', the psychiatrists and knowledgeable
people at that time, started to declare that the person’s physical defects were a reflection of an inner
mental disorder , thus physical features which did not meet a certain degree of perfection were seen as a
kind of disease and consequently cosmetic surgical operations aimed at reflecting inner beauty, in this
case, mental beauty were seen as the only kind of treatment of this disease. The main doubts regarding
the legality of cosmetic surgeries were removed by considering the aim of the treatment of these kinds of
surgeries and also the contemporary theories in authorization of surgeries aimed at improving one’s looks,
so that cosmetic surgeries now are considered legal and lawful. Although in most legal systems as well as
in Islamic countries, the nature of medical obligations is the obligation to the means, however in some
special cases, the nature of medical obligations is the obligation to the results. In the Iranian's legal
system, the nature of surgeons’ obligations has been introduced as the obligation to the results which
seems reasonable and logical. So in this article, with a brief description of the history of the subject and
the views of proponents and opponents, the nature of surgeons obligations it's been tried to comparatively
study. An analytical investigation of the nature of the obligations of the surgeons has been dealt with in
some controversial, common and related instances, i.e cosmetic and/or plastic surgery.
Research Interests:
Research Interests:
Research Interests:
Equality, in fact, is the most fundamental issue in the Islamic worldview and one of the branches of the robust tree of Tawhid. Equality aims at eliminating discrimination and moving toward human ascendency. Therefore, this article... more
Equality, in fact, is the most fundamental issue in the Islamic worldview and one of the branches of the
robust tree of Tawhid. Equality aims at eliminating discrimination and moving toward human
ascendency. Therefore, this article mainly focuses on scrutinizing the basic and principal issues related to
equality and God-given rights or inalienable rights from Imam Ali’s peace be upon him point of view.
Despite a brief period of governance of Islamic society, Imam Ali (PBUH), compared to other periods,
paid special attention to the many variations among races, languages, colors, religions and political
parties. However, a legal analysis of his words and practice in this regard is of great difficulty, because he
was not only a jurist and a mystical as well as ethical leader, but also a metaphysics scholar, a Qur’an
exegete, an Islamic legal systems commentator and, a governor. Indeed, no historian or writer, however
deft and dexterous he maybe, can draw a true picture of the Commander of the Faithful even in a
thousand pages, nor can he explain the dreadful events which took place in his time. The things which
this thought of, and acted upon, had not until that point been seen or heard by anyone. It is more than a
historian can cover even in a very detailed treatise. Hence, whatever picture of Imam Ali is described by
author will inevitably be incomplete. The present article attempts to explain equality before the law, in
referring to a competent court and receiving just examination from Imam Ali’s (PBUH) viewpoint.
robust tree of Tawhid. Equality aims at eliminating discrimination and moving toward human
ascendency. Therefore, this article mainly focuses on scrutinizing the basic and principal issues related to
equality and God-given rights or inalienable rights from Imam Ali’s peace be upon him point of view.
Despite a brief period of governance of Islamic society, Imam Ali (PBUH), compared to other periods,
paid special attention to the many variations among races, languages, colors, religions and political
parties. However, a legal analysis of his words and practice in this regard is of great difficulty, because he
was not only a jurist and a mystical as well as ethical leader, but also a metaphysics scholar, a Qur’an
exegete, an Islamic legal systems commentator and, a governor. Indeed, no historian or writer, however
deft and dexterous he maybe, can draw a true picture of the Commander of the Faithful even in a
thousand pages, nor can he explain the dreadful events which took place in his time. The things which
this thought of, and acted upon, had not until that point been seen or heard by anyone. It is more than a
historian can cover even in a very detailed treatise. Hence, whatever picture of Imam Ali is described by
author will inevitably be incomplete. The present article attempts to explain equality before the law, in
referring to a competent court and receiving just examination from Imam Ali’s (PBUH) viewpoint.
Research Interests:
"The ultimate goal of nursing, is providing these under health care with health and provision and due to nurses' direct contact with the patient, the profession is of particular importance. Having discussed the responsibilities of the... more
"The ultimate goal of nursing, is providing these under health care with health and provision and due to nurses' direct contact with the patient, the profession is of particular importance. Having discussed the responsibilities of the nurses, this article studies a comparative study of civil liability of nurses in the Iranian and French law in the process of treatment. The issue of the owners of medical and dependent careers has been a common challenge and seems to be on the move to a reasonable and proportionate destination. In the Iranian and French law it seems that the nature of nurses' obligations, is the obligation that does not lead to specific result. Although there are different words about the basics of responsibilities of nurses, ability of the common pertainable doctrine, is of more credibility and is apparently, according to the novel social life and its necessities, it gives strength to the laws and ethics.
Key words: responsibility, nurses, Iran's legal system, legal system in France
"
Key words: responsibility, nurses, Iran's legal system, legal system in France
"
Research Interests: Law, Medical Law, Nurse Education, French, Iran, and 6 moreMedical liability, Legal, Nurses, Civil liability, Medial Law, and Nursing Laws
Abstract Infertility is a family problem in all around the world. One solution for this problem is the use of surrogacy. Today, due to advances in medical sciences, various methods have been developed by doctors in reproduction and using... more
Abstract
Infertility is a family problem in all around the world. One solution for this problem is the use of surrogacy. Today, due to advances in medical sciences, various methods have been developed by doctors in reproduction and using these methods, have attempted to reproduce in laboratory. But despite these advances, reproductive medicine is not enable to find suitable environment for the growth of the fetus from the uterus and that's why using the surrogacy is one of the major achievements in the field of assisted reproductive technology. This method is an assisted reproductive technology of using IVF. Using this method is not restricted to women without a uterus and is used in many cases.
Confusion about the nature of the surrogacy contract is one of the obstacles to the implementation of this contract. As a result, identify the nature of this contract is of utmost importance. There is no legal text about the nature of this contract. Therefore, to determine the nature of this contract shall be referred to the general principles of law and legal and jurisprudence resources. It seems that the nature of surrogacy contract does not fit in special type of contracts, such as hire, lending, Ji’ala or contract of reward and, etc. hence, according to article 10 of the Iranian Civil Code (Known as the principle of contract freedom) can be accepted. But, all aspects of surrogacy contracts cannot be determined by agreement of all parties and some of the forces is applied. Most significantly is the relationship of the contract that is an involuntary case.
Keywords: surrogacy contracts, hire, Ji’ala or contract of reward, labor contract, settlement, non-specific contract.
Infertility is a family problem in all around the world. One solution for this problem is the use of surrogacy. Today, due to advances in medical sciences, various methods have been developed by doctors in reproduction and using these methods, have attempted to reproduce in laboratory. But despite these advances, reproductive medicine is not enable to find suitable environment for the growth of the fetus from the uterus and that's why using the surrogacy is one of the major achievements in the field of assisted reproductive technology. This method is an assisted reproductive technology of using IVF. Using this method is not restricted to women without a uterus and is used in many cases.
Confusion about the nature of the surrogacy contract is one of the obstacles to the implementation of this contract. As a result, identify the nature of this contract is of utmost importance. There is no legal text about the nature of this contract. Therefore, to determine the nature of this contract shall be referred to the general principles of law and legal and jurisprudence resources. It seems that the nature of surrogacy contract does not fit in special type of contracts, such as hire, lending, Ji’ala or contract of reward and, etc. hence, according to article 10 of the Iranian Civil Code (Known as the principle of contract freedom) can be accepted. But, all aspects of surrogacy contracts cannot be determined by agreement of all parties and some of the forces is applied. Most significantly is the relationship of the contract that is an involuntary case.
Keywords: surrogacy contracts, hire, Ji’ala or contract of reward, labor contract, settlement, non-specific contract.
Research Interests:
The relation between law and religious affairs has led physicians in ancient times to have the scientific as well as religious aspects. No doubt, in the beginning, medicine has been associated with magic. In ancient times physicians... more
The relation between law and religious affairs has led physicians in ancient times to have the scientific as well as religious aspects. No doubt, in the beginning, medicine has been associated with magic. In ancient times physicians usually were not taken responsible because of the wide spread idea that diseases were caused by God's anger. Also from the historical point of view, the physicians' responsibility can be traced back to the early civilizations such as the kingdom of Babel. In the times that human was unable to recognize the reality of diseases; their treatment has been magic and charm in all medical areas that in fact it was a combination of human's problem-solving & his beliefs. It is obvious that in that period because of its special look at the nature and origin of disease and the kind of treatment the society did not consider physician, midwife and veterinarian responsible. Later, when the civilization was improved and medicine was separated from religious beliefs and superstitions, physicians were gradually, held more accountable. In some period in ancient Greece, Babel, they are believed in some materials to the nature of the disease and physicians were responsible for assaults and the violation of certain medical criteria at the time. In ancient Persia had been different looks at health and disease and several approaches to cause the diseases have exited whose dominant view being a materialistic cause of the disease. In Islamic jurisprudence, according to the quoted ahadis physicians were responsible. In this era Satan and the wrath of God were less pertained to exempt from responsibility. To such an extent that the responsibility of physicians more transparent during this period relative to the previous one and their scope of limitation were more specific, because, according to the holy Islam, they breached each of these duties which had considered exact functions, they became responsible in the case.
Keywords
physician, history, responsibility, concept of disease.
Keywords
physician, history, responsibility, concept of disease.
Research Interests:
"If the owners of medical and related careers have information and required competencies and act accordance with the scientific and technical standards, without having displayed innocence of the patient or his family, in this case they... more
"If the owners of medical and related careers have information and required competencies and act accordance with the scientific and technical standards, without having displayed innocence of the patient or his family, in this case they won't be responsible regarding damages. i.e. the obligations of the owners of medical and related careers are usually those obligations to means, unless stated otherwise.
In this article, having a briefly explained about the types of civil responsibility of nurses, we embark on giving a detailed inclusive delimiter of some of the fundamental and important obligations concerning their responsibilities, including an obligation to professional secrecy, emergency and the obligations of nurses in this situation, an obligation to retraining and updating scientific information and therapeutic interventions by nurses.
Key words: nurses, civil liability, professional secrecy; emergency; retraining information, therapeutic interventions.
"
In this article, having a briefly explained about the types of civil responsibility of nurses, we embark on giving a detailed inclusive delimiter of some of the fundamental and important obligations concerning their responsibilities, including an obligation to professional secrecy, emergency and the obligations of nurses in this situation, an obligation to retraining and updating scientific information and therapeutic interventions by nurses.
Key words: nurses, civil liability, professional secrecy; emergency; retraining information, therapeutic interventions.
"
Research Interests:
The study found that although nature of obligation of the owners of medical and dependent careers to the jurists did not mansion explicitly, this issue is clear. The majority Emamyeh jurisprudence is that the obligations of allowed... more
The study found that although nature of obligation of the owners of medical and dependent careers to the jurists did not mansion explicitly, this issue is clear. The majority Emamyeh jurisprudence is that the obligations of allowed treating skilful medicine can be accomplished only if he has received his acquittal. But unlike the majority of jurists in the Sunni jurisprudence that believe the obligation of medicine is obligation that not leads to specific result.
Research Interests:
Research Interests:
nherent dignity is one of the great qualities of human and fundamental rights of all human beings, so that no condition makes it conditional. In this respect, there are many beneficial discussions in teachings of the divine religions and... more
nherent dignity is one of the great qualities of human and fundamental rights of all human beings, so that no condition makes it conditional. In this respect, there are many beneficial discussions in teachings of the divine religions and especially on the life giving school of Islam, a sample of which can be downgraded as follows, so that human being has been turned into an unprecedented position in terms of inspiration of the Divine Spirit and consequently, many blessings have been brought about for him through attaining such sublime position. Of course, all Muslims and the Worlds have been tasked with safeguarding this inherent dignity. The inherent dignity of human is a universal and innate rule which cannot be imitated. The necessity of observations of this important effect has also been reflected in the constitution of the Islamic Republic of Iran. To expand inclusion of this rule in the international arena, the need to safeguard human dignity has been reiterated and crystallized in documents such as Universal Declaration of Human Rights, Declaration on Human Genome, Declaration of Helsinki, International Declaration of Bioethics, UNESCO (United Nations Educational, Scientific, and Cultural Organization) Human rights, etc.
Research Interests:
The inherent dignity of humans is special—so much so, in fact, that nothing should interfere with or limit it. As some religions (such as Islam) explain, humans have gained a unique position as a result of God’s revelation. Naturally,... more
The inherent dignity of humans is special—so much so, in fact, that nothing should interfere with or limit it. As some religions (such as Islam) explain, humans have gained a unique position as a result of God’s revelation. Naturally, achieving this great place has many ramifications. Inherent human dignity can be understood along two dimensions: i.e., as both a right in itself and a duty. Safeguarding human dignity is one of the most important ethical duties of all people in the world. The requirement to respect this right also has been codified in the Iranian Constitution and medical code.
Research Interests:
"The medicine from the Islamic point of view is a religious duty, a rational order and moral mission. Now this question can be posed that regarding the importance and high position of medicine if a skillful physician spends all his effort... more
"The medicine from the Islamic point of view is a religious duty, a rational order and moral mission. Now this question can be posed that regarding the importance and high position of medicine if a skillful physician spends all his effort in the way of treatment, however the treatment is not effective and the patient is afflicted with damages, in this case the jurists are to be referred to. Are such physician responsible?.Therefore, this article has analyzed and subsequently investigated the above question in the four Sunni religions and in the Shiite jurisprudence. All of the Sunni religions such as Shiite jurists believe that non-skillful and unknown physician is totally responsible. The majority of Sunni jurists believe that the obligation of skilful physician and veterinarian is obligation to means. The majority of Shiite jurists believe that the obligation of skillful and allowed treating physician is the obligation to result and he is responsible for all of the damages done to the patient. On the contrary, the minority's idea in the Shiite jurisprudence believes that the skillful and allowed treating physician and veterinarian won't be responsible if they don't have any fault. In fact their obligation is obligation to means. In the end, some appropriate suggestions about legal reforms for the medical liability are given.
Keywords: The nature of obligation, Shiite, Sunni, Physician.
"
Keywords: The nature of obligation, Shiite, Sunni, Physician.
"
Research Interests:
Abstract Nowadays, industrial property rights play an important role in international trade, e-commerce, investment and growing economic relations. In general, industrial property rights system has been introduced as one of the... more
Abstract
Nowadays, industrial property rights play an important role in international trade, e-commerce, investment and growing economic relations. In general, industrial property rights system has been introduced as one of the fundamental problems of modern economic policy at the national level and as a context and important tool for sustainable development in developing and least developed countries. Furthermore, robust and effective protection of industrial property rights is very important and decisive factor in facilitating technology transfer policies and to attract foreign direct investment in certain sectors of economic that is vital for sustainable development. Countries that are experiencing liberalization of economic and industrial policies, the existence of a strong and robust intellectual property system is one of the most important factors that is necessary to ensure the process of liberalization. One important result is that it can restructure the industrial and commercial sectors and finally to encourage small and medium investors to use the intellectual property system as a tool for economic and national technology development. However, in spite of the great quantitative and qualitative potentials in Iran, it is not happened any significant growth in the field of knowledge, production and preservation of the protected examples in the field of industrial property; On this basis, the patents system, industrial designs, trademarks, integrated circuits, trade secrets and geographical indications of origin in the system of industrial property rights are reviewed and studied and also if necessary a comparative study to Paris Convention and Trips Agreement is conducted in this paper.
Keywords: Industrial property, patents, trade secrets and marks, integrated circuits, industrial designs, geographical indications of origin
Nowadays, industrial property rights play an important role in international trade, e-commerce, investment and growing economic relations. In general, industrial property rights system has been introduced as one of the fundamental problems of modern economic policy at the national level and as a context and important tool for sustainable development in developing and least developed countries. Furthermore, robust and effective protection of industrial property rights is very important and decisive factor in facilitating technology transfer policies and to attract foreign direct investment in certain sectors of economic that is vital for sustainable development. Countries that are experiencing liberalization of economic and industrial policies, the existence of a strong and robust intellectual property system is one of the most important factors that is necessary to ensure the process of liberalization. One important result is that it can restructure the industrial and commercial sectors and finally to encourage small and medium investors to use the intellectual property system as a tool for economic and national technology development. However, in spite of the great quantitative and qualitative potentials in Iran, it is not happened any significant growth in the field of knowledge, production and preservation of the protected examples in the field of industrial property; On this basis, the patents system, industrial designs, trademarks, integrated circuits, trade secrets and geographical indications of origin in the system of industrial property rights are reviewed and studied and also if necessary a comparative study to Paris Convention and Trips Agreement is conducted in this paper.
Keywords: Industrial property, patents, trade secrets and marks, integrated circuits, industrial designs, geographical indications of origin
Research Interests: Law, Comparative Law, Intellectual Property, Legal Education, Innovation statistics, and 14 moreIndustrial Design, Iranian Studies, Biotechnology, Trade Secrets, Intellectual Property Law, Public Health, Intellectual and Industrial Property Rights, Geographical Indications, Intelectual Property, Copyright Law, Patent Law, Iranian Law, Comprative Law, and Pharmaceutical Law
The innate dignity of human is a quality and it is only for human and to which he is described. The mentioned quality is human_ special and that is nothing to make it limited. There are many related and useful issues in Islam Can be... more
The innate dignity of human is a quality and it is only for human and to which he is described. The mentioned quality is human_ special and that is nothing to make it limited. There are many related and useful issues in Islam Can be explained Humans’ having gained a unique position as a result of God's revelation to human. Naturally, achieving this great place has had many results. Human innate dignity is of two dimensions i.e it is both right and protecting it is of the most important duties of Muslims and other people in the world. Human dignity is a general and innate rule and it is not limited by anything. The need to respect this right has been written in the Iranian constitution law. Universal Declaration of Human Rights, the Declaration on the human genome, the Helsinki Declaration, the UNESCO Declaration have discussed about them.
Keyword: INNATE DIGNITY, HUMAN, ISLAM, MEDICAL ETHICS, INTERNATIONAL DOCUMENTS
Keyword: INNATE DIGNITY, HUMAN, ISLAM, MEDICAL ETHICS, INTERNATIONAL DOCUMENTS
Research Interests:
" In this study, scrutinizing the nature and basis of civil liability of physicians revealed that although jurists have not discussed and reviewed the notion of loss of opportunity to improve or cure the patient explicitly, this is... more
"
In this study, scrutinizing the nature and basis of civil liability of physicians revealed that although jurists have not discussed and reviewed the notion of loss of opportunity to improve or cure the patient explicitly, this is clearly inferred from their utterance about the concept of damage and their prediction about common criteria for measuring the damage. Considering that nowadays, the custom of society considers such opportunities as worthy, thus, losing them is considered as a kind of damage, so, according to Islam, in such cases, the physicians who cause the loss of opportunity to improve eorcure their patients will be responsible. And this responsibility is different from the ultimate responsibility- i.e. death, disability, exacerbation of disease & etc-, in nature. This theory is widely applicable in medical law in some Islamic countries, common law legal system and especially in French law and many sentences have been issued based on it, so that it is one of the controversial issues of civil liability in causation & being obvious damage. In Iran law this theory is seemed to be executable in civil liability of physicians, regardless of whether it is missed opportunitiesor creating undue & already occurred risk, however, it is not opposite to the general principles of legal and religious precepts.
Keyword: CIVIL LIABILITY, LOSS OF OPPORTUNITIES OF AMELIORATION, COMPENSATION, PHYSICIANS, PATIENT"
In this study, scrutinizing the nature and basis of civil liability of physicians revealed that although jurists have not discussed and reviewed the notion of loss of opportunity to improve or cure the patient explicitly, this is clearly inferred from their utterance about the concept of damage and their prediction about common criteria for measuring the damage. Considering that nowadays, the custom of society considers such opportunities as worthy, thus, losing them is considered as a kind of damage, so, according to Islam, in such cases, the physicians who cause the loss of opportunity to improve eorcure their patients will be responsible. And this responsibility is different from the ultimate responsibility- i.e. death, disability, exacerbation of disease & etc-, in nature. This theory is widely applicable in medical law in some Islamic countries, common law legal system and especially in French law and many sentences have been issued based on it, so that it is one of the controversial issues of civil liability in causation & being obvious damage. In Iran law this theory is seemed to be executable in civil liability of physicians, regardless of whether it is missed opportunitiesor creating undue & already occurred risk, however, it is not opposite to the general principles of legal and religious precepts.
Keyword: CIVIL LIABILITY, LOSS OF OPPORTUNITIES OF AMELIORATION, COMPENSATION, PHYSICIANS, PATIENT"
Research Interests:
Although in most legal systems and even in Islamic countries whose codes are drawn from Sunni jurisprudence, the nature of medical obligations is the obligation to means, but in some special cases and according justifiable reasons in... more
Although in most legal systems and even in Islamic countries whose codes are drawn from Sunni jurisprudence, the nature of medical obligations is the obligation to means, but in some special cases and according justifiable reasons in accordance with the requirements and the new order ruling the society and regarding to a simultaneous attention to the order and justice, the nature of medical obligations is the obligation to results. Apparently in the Iranian's legal system following the majority of Emamyeh's jurisprudence, the nature of medical obligations has been introduced as the obligation to results which seems be able to criticized.
However the acceptance of this subject -obligation to results of the obligation of the surgeons in unnecessary cosmetic surgeries – seems reasonable, logical and consistent with the realities of the society. So in this article, with a brief description of the history of the subject and the views of proponents and opponents, the nature of medical obligations and their examples it's been tried to comparatively study. An analytical investigation of the nature of the obligations of the surgeons has been dealt with in some controversial, common and related instances, i.e cosmetic surgery- either necessary or unnecessary-.
Keyword: NECESSARY COSMETIC SURGERY, UNNECESSARY COSMETIC SURGERY, THE NATURE OF OBLIGATION, OBLIGATION TO RESULTS, OBLIGATION TO MEANS
However the acceptance of this subject -obligation to results of the obligation of the surgeons in unnecessary cosmetic surgeries – seems reasonable, logical and consistent with the realities of the society. So in this article, with a brief description of the history of the subject and the views of proponents and opponents, the nature of medical obligations and their examples it's been tried to comparatively study. An analytical investigation of the nature of the obligations of the surgeons has been dealt with in some controversial, common and related instances, i.e cosmetic surgery- either necessary or unnecessary-.
Keyword: NECESSARY COSMETIC SURGERY, UNNECESSARY COSMETIC SURGERY, THE NATURE OF OBLIGATION, OBLIGATION TO RESULTS, OBLIGATION TO MEANS
Research Interests:
"Although apparently in the Iranian's legal system following the major of Emamyeh's jurisprudence, the nature of medical obligations has been introduced as the obligation to results. In most legal systems and even in Islamic countries... more
"Although apparently in the Iranian's legal system following the major of Emamyeh's jurisprudence, the nature of medical obligations has been introduced as the obligation to results. In most legal systems and even in Islamic countries whose codes are drawn from Sunni jurisprudence, the nature of medical obligations is the obligation to means. But in some special cases and according justifiable reasons in accordance with the requirements and the new order ruling the society and regarding to a simultaneous attention to the order and justice, the nature of medical obligations is the obligation to results. So in this article, with a-brief description of the history of the subject and the views of proponents and opponents, the nature of medical obligations and their examples it's been tried to comparatively study. An analytical investigation of the nature of the obligations of the owners of medical and related careers has been dealt with in some controversial, common and related instances such as prosthetics, blood transfusion, medical exams, the process of anesthesia, the warranty of patients' health and cosmetic surgery.
Keyword: THE OWNERS OF MEDICAL AND RELATED CAREERS, NATURE OF OBLIGATION, THE OBLIGATION TO RESULTS, THE OBLIGATION TO MEANS
Keyword: THE OWNERS OF MEDICAL AND RELATED CAREERS, NATURE OF OBLIGATION, THE OBLIGATION TO RESULTS, THE OBLIGATION TO MEANS
Research Interests:
Research Interests:
Medical Law is a new trend in Law and has plentiful importance due to having relation with two important and practical areas of law and medicine. Fault is one of the important principles of civil liability in general and also is one of... more
Medical Law is a new trend in Law and has plentiful importance due to having relation with two important and practical areas of law and medicine. Fault is one of the important principles of civil liability in general and also is one of the important principles of civil liability in the medical law. Responsibilities of the owners of medical and dependent careers are usually contracted. Although treatment contract _whether written or oral_ is similar to some of the specific contracts, but is subject to Article 10 of Civil Code. Responsibility of medical and dependent careers in Iranian law, France, and in many Islamic countries, is usually based on fault. However, in some cases, such as unnecessary cosmetic surgeries, research on human subjects and etc. are largely outside the realm of fault. The obligation of the owners of medical and dependent careers is basically the obligation that not leads to specific result. However, in some cases such as prosthetics, blood transfusion and etc., their obligations will be obligation that lead to specific result. French, Britain and the major Islamic countries‟ law are facing the same situation. The criterion and standard to determine the fault of the owners of medical and dependent careers, is the normal behavior of an individual who is in the same boat with wrongdoer in terms of expertise and degrees. To examine the doing and not doing fault of the owners of medical and dependent careers, the factors such as time –emergency or non-emergency_ and place _farness or nearness to the center- the amount of access to new medical equipment and etc. _ should be examined. The fault caused by things such as mass or hospital's fault and surgical teams, in which the error is hard to find, one basically should not looking for a person to make him as defaulter. In such cases with the aid of “organizational fault” concept, the compensation order can be issued if it is briefly known that the fault is related to one person involved in the process of treatment or intervention.
Keywords: Fault, civil liability, the owners of medical and dependent careers, the treatment process, conventional doctor.
Keywords: Fault, civil liability, the owners of medical and dependent careers, the treatment process, conventional doctor.