The Survey of Manner of Determining Amounts of Blood Money in Brain Death Injuries from the Judges and Coroner Physicians Viewpoint

The vegetative life or grey matter death is a situation in which due to the damaged cells of the brain’s cortex، an individual is unable to manage his/her body’s autonomic activities. The situation has fundamental differences compared to brain death or coma. Medically، the damaged cells of the brain’s cortex will not revive. However، with the intact brain stem، the blood circulation system، respiration، digestion and the like will still function and the patient may even survive without any respiration devices. The difficulties in taking care of such patients and the irrevocability of the activities of the brain’s cortex cells have left doctors and jurists with many obscurities. These obscurities have caused different tribunal procedures. Since، in addition to the damaged brain cortex all or some body parts and patient''s senses are also damaged; difficulties arise in determining the patient’s blood money. A number of jurists consider full blood money for reason and each sense while on the other hand there have been other opinions and the probability of receiving compensation for surplus blood money exists. Thus this research has been conducted with the aim to investigate the necessity of determining multiple amounts of blood money for patients suffering from brain death. In order to reach this aim a researcher-made questionnaire was employed. The statistical population consisted of all justice department judges، department for public prosecution، Isfahan courts (equal to 30 people) and also forensic physicians in the forensic medicine administration (equal to 61 people) and the sample mass included 60 people consisting of 30 judges and 30 forensic physicians. The data analyses of the research were carried out using two statistical levels namely; descriptive and illative. On the descriptive level، the analysis included statistical indexes such as; frequency and authentic percentage and on the illative level the square K test was used. The above mentioned operations were performed by 19th edition of the SPSS software. The conclusion of the research suggests that it is more suitable to determine one specific amount of blood money for patients suffering from brain death than multiple amounts، and to compensate for other damages such as therapy and retention expenses one must hold the government or the insurance company and the convict، either individually or in communion، responsible for the compensation of the damages incurred.