فصلنامه حقوق پزشکی
پیاپی 23 (زمستان 1391)

The human society from far era to yet has no equal treat to mental offenders and the type of response to mentioned persons had been different proportionate to promotion in human knowledge. On epoch، mental disorder be assumed the persons who has the evil ghost and then enchases them on ships to search wisdom and knowledge. But، nowadays، in some societies the opinions is on that mental disorders، hinder the criminal responsibility and no that elimination of criminal responsibility; in Iran، the legislator/s also in a period had put the insanity and mental disorder in a same sort but in another period consider to proportionate disorder of understanding or the power of distinction or will and today also distinguishes the insane as a perpetrator of crime but without criminal responsibility. The present paper with analytical، comparative study، pay attention to this matter that mental disorders are vast sort which someone of them، made the person lack of responsibility and some other with partly responsibility and in some cases has no influence of persons. Also study this matter that the insanity mentioned in section 51 of Islamic criminal code of Iran has a difference with the concept and sense of insanity in psychologists and the legislator/s just pay attention to the level of insanity and no the sort of it.

Medical expert’s opinion about psychological situation and extent of responsibility is known as a reason which to juridical courts refers for sentencing of incapacity. It is current in many countries. In Iran in the most situations medical expert opinions based on being insanity or non-intellectual growth are determinant, so expert opinions are very important. Here there is a question: contrast ability of expert opinion (as a reason) in rejecting other opposite evidences included Witnesses testify, local researches or person history involves social and legal practices? In this article we’ve attempted response this question from point of legal view. The result is amount of expert opinions authority about qualifying insanity is subjected for the nature of insanity and its connection with medicine and cannot be overlooked apart from the best expert opinions and isn’t dismantled, whoever there are conflicted reasons. But about non-intellectual growth, one can refer to it because of its nature and definition and its connection with medicine and cannot resist in contrast with religious and legal reasons and we can overlook it. About recognize immaturity (as the third reason of incapacity) regarded to legal standard that is not reached to certain age, we can consider expert opinions as a reason like determination of intellectual growth.

In spite of basic differences in physician market، we have to consider main derivatives of physician services pricing. Analyzing the marginal cost of generalist and specialist shows that the “fee splitting” occurs when there is a divergence between price and the marginal opportunity cost of specialist. We hope that when the prices of such services are equal with marginal costs، the kickbacks will be vanish. In other words، fee splitting becomes a tool for eroding monopoly power; it provides a channel to transfer some part of specialists’ monopolistic power to generalists. In this study we use three economical theoretic instruments to analyze the fee splitting. First of all، by using the “theory of agency” we can discuss about the physician violations from their tasks as an agent. Afterward we apply theoretical principles of behavioral economics to examine the differences between physicians and other economic factors decision making. Finally we analyze the marginal cost differences between generalists and specialists to clarify the main economic origins of fee splitting.

The protection of consumer rights must be considered in all policies and programs in a society. These rights should not limit to traditional ones and according to developments in legal systems، they should update. Considering this progress from the past until today we can say that in the present century، alongside the traditional consumer rights like right to choose، right to information and governmental support، there are also new rights such as the right to revoke the contract، the right to good bargain and the right to conformity with the contract. Protection of pharmaceuticals and cosmetics consumers is very important because these products related to physical and mental health; Especially in Iran that these products، sometimes without due process of law، enter the market and violate the rights of consumers. In this paper we have discussed about the protection of pharmaceuticals and cosmetics consumers and the recent developments in this area.

The patient with a physical and psychological trauma that come to medical center، to have a right that should be respected. Respecting patient bill of rights will enhance the quality of hospital services. This study was performed to determine the patients'' awareness of their rights and observing the rate on the patient''s perspective in Imam Reza Hospital in Kermanshah.

cross-sectional descriptive survey conducted، 221 patients hospitalized in Imam Reza hospital with convenience sampling method were selected. Data collection tool was a valid and reliable، three-part questionnaire (demographic information، awareness and respect for patient rights). Data were analyzed by SPSS version 18 using descriptive statistics، independent t-test، ANOVA and chi-square test.

In this study، 52/5% patients were female and 47/5% were male. Average length of hospitalization was 6/2 ± 3/8 days. 59/3% of patients have a low awareness of their rights and 72/4% observing rate were moderate. There was a statistically significant relationship between observing rate patient rights and patient awareness of their rights (P= 0/001).

This study showed that awareness and observing rate of patients’ rights were not favorable. Therefore recommended that effective measures for patient education about their rights and regulatory programs designed to observance these rights are taken.

Transplantation Therapy use of embryos in the two species is possible. First، the body of the fetus. It can be divided into two periods of aborted fetuses and embryos into the uterus. If the preservation of human life، stop using aborted fetus is dead، it is allowed. The fetus inside a woman''s uterus is located between the vital organs and non-vital he should be allowed to separate. Members who abandoned baby''s life is their function، their use is prohibited in Transplantation Therapy. non-vital members can also be divided into renewable and non-renewable of non-vital members. non-vital members non-renewable not conducive used in transplant operations، but members of renewable non-vital rationality can be used if necessary. Second، mobile accessories، including embryonic stem cells and fetal cord blood for Transplantation Therapy، due to corruption and lack of rational deemed offensive to the fetus، is appropriate.

The human society from far era to yet has no equal treat to mental offenders and the type of response to mentioned persons had been different proportionate to promotion in human knowledge. On epoch، mental disorder be assumed the persons who has the evil ghost and then enchases them on ships to search wisdom and knowledge. But، nowadays، in some societies the opinions is on that mental disorders، hinder the criminal responsibility and no that elimination of criminal responsibility; in Iran، the legislator/s also in a period had put the insanity and mental disorder in a same sort but in another period consider to proportionate disorder of understanding or the power of distinction or will and today also distinguishes the insane as a perpetrator of crime but without criminal responsibility. The present paper with analytical، comparative study، pay attention to this matter that mental disorders are vast sort which someone of them، made the person lack of responsibility and some other with partly responsibility and in some cases has no influence of persons. Also study this matter that the insanity mentioned in section 51 of Islamic criminal code of Iran has a difference with the concept and sense of insanity in psychologists and the legislator/s just pay attention to the level of insanity and no the sort of it.