فصلنامه حقوق پزشکی
پیاپی 24 (بهار 1392)

As noted in several articles, beside lack of distinction between the legal nature of the relationship between doctor and patient and its legal consequences, there has also been a mixture of the natural commitment of the physician and the appurtenance of such a commitment. (Inferred from article 683 of the Civil Code). In our view first of all the subject of the commitment must be analyzed under the substantial effect of it and secondly, the partition of the commitment into apparatus and consequence should be expurgated as well in order to avoid its transmission into the subject of the commitment, as the latter is subordinate of another system.

With the cognition and analysis of the phenomena of brain death through the modern bioethics technologies during the past 50 years, scientists of medicine, philosophy, ethics, law and religious clerics have all faced a new challenge as to the conditions and subjects of such death and it seems despite passage of decades, discrepancies still go on so that two main groups are facing each other. Those who regard the brain death as conclusive death and those who regard it as a part of life due to the continuation of blood circulation and heart and breath livelihood. With comprehension of brain death and its consequences in all economic, social, legal and theological aspects, It seems that brain death is neither a conclusive and complete death and nor life. Rather we may analyze it as a newly emerged phenomena under the modern bioethics technologies that defines a particular status and its "reson d' etra" in the purposeful system of creation is to accommodate the requirements of patients in need of organ transplantation. Benefiting from this theory and making it known to the members of the society within sustained cuture-making methods, organ donation of brain death patients should be promoted into an accepted ethical principle in the society.

Developments at the genetical science domain and the possibility of growing embryo out of the natural womb has put this question visa vis the law and theology scientists as to wether pronounce and define either the permission of such an action or its illegitimacy along with its consequence on descent, privity, guardianship, custody, alimony and inheritance. The most significant subject in this respect is the process of formation and origin of the embryo. With the analysis of the laboratory embryo its inheritance issue is defined as well. The embryo shall inherit from its genetical father and mother(the owners of sperm and ovule) should its progeny has been formed prior to the demise of bequeather. However, the embryo has no consanguinity to others including the recipient man and woman and shall not inherit from them.

Patients claims are one of the most important working stresses in medical profession. Dissatisfaction and claims of patients from medial doctors are one of the important problems in the society. Here we propose to evaluate the level of knowledge of surgeons and anesthesiologists about clearance and satisfaction in Kerman.

This cross-sectional study, was conducted in 2010, 120Investigation of knowledge level of surgeons and anesthesiologists on clearance and satisfaction In Kermanstudied by census method collecting data from self-made questionnaire and data analysis software SPSS17 square K and T test were used.

In this study, 83.3% were professional surgeons and 16.7% were anesthesiologists73/4% had good awareness from the total number but 10/8% had unacceptable awareness. The knowledge score of anesthesiologists 14.9±2 was higher than general surgeons 12.9±8.3 (p=0.024). The knowledge score on the basis of sex and years of experience was not different.

It got clear that the good knowledge of people who have been studied was not acceptable and lack ofknowledge in consent and clearance can make problems for the medical society and endanger the health of the society. So it is necessary to have legal trainings to increase treatment group information with educational workshops and retraining programs.

In recent decades, the protection of traditional medicine under the intellectual property system has been the subject of many efforts that was made by international community and especially less developed countries which are rich in this field. Since this knowledge has the unique characteristics and other current legal systems of intellectual property can not protect all aspects of it, the world intellectual property organization (wipo) decided to analysis establishment of special legal framework as a sui generis system to protect it. This article studies impossibility of protecting traditional medicine under current legal systems of intellectual property and finally proposes a model of sui generis system.

With efforts paid by the international community to protect human rights, some area and effective factors in accomplishing human rights have been recognized. Right to highest attainable standards of health that called as the right to health is one of the recognized human rights that its importance has been emphasized on by Human Rights Instruments. Individual health has been counted as one of the most important factors of human dignity. Therefore, rights to health have been recognized as one of the fundamental human rights in international system of human rights. There are different ambits regarding the health each have different dimensions due to which presenting a definition of such rights agreed upon is difficult. Mostly, corporal and mental health and to some extent social and moral health have been protected under the human rights documents. Governments have also generally definite responsibilities upon providing and ensuring such rights. It is clear that governments are not able to provide such circumstances under which preserving health of individuals and its acceptable level can be ensured but they can provide the same to protect the health and its accessibility for individuals. Rights to health have a concrete standing in human right documents and international custom too and can be enumerated among general principles accepted by the developed legal systems. This right is categorized under the second generation of human rights. In this article, the most important aspects of right to health in international human rights documents have been discussed. This article tries to give answers to some questions like what is the standing point of right to health in international legal system. What is contentious concept and elements of such a right? And what are different kinds of obligations levied on governments regarding this right? The research methodology used in this study is descriptive – analytical and data gathering method used is based on library method.

Sometimes problems and Difficulties happen in a humen’s life that unbalance the Compatibility a mental equivalence, therefore tensions and sadness come to life that maybe result in a mental disorders. The issue of Psychiatric patients with law and committing crime is one of the dilemmas of fair trial. Thus the court are responsible for attracting and capturing psychiatrist expert’s ideas. In all criminal laws checking the deserve punishment or removing penalties, of an offender is related to demonstrating this issue that whether a person who has a mental disorder ,due to the understanding the nature of criminal behavior has the ability to detect the criminal result or not. In this paper, we try to survey the approach of criminal justice system of Iran with problem and subject of unti-social personality and it’s effect on the attribution of crim to offender.