فصلنامه حقوق پزشکی
پیاپی 22 (پاییز 1391)

Developments of Medicine on the one hand and social necessities and improvements in salary levels on the other hand are the factors which have caused great trend to plastic surgery specially in recent decades، while the features such as lack of vital necessity، selectivity، relevance with psychology and incorporation of scientific، artistic and commercial aspects in cosmetic and reconstructive surgeries is expecting several ethical and legal difficulties in different countries. In this regard، one of the effective methods for exiting the challenges and difficulties in this area is to assess the commitments and requirements of surgeons n this are carefully by regarding the special features of cosmetic and reconstructive surgeries. On this basis the plastic surgeons have to be required to determine the concerted necessity (the principle of proportionality) before beginning of the surgery، also the commitment of the doctors in treatments in these surgeries is intensified and the duty of taking informed consent and informing the patient is multiplied and to secure the interests of the applicants more qualifying terms such as proficiency and preserving desirable quality and standard in cosmetic and constructive surgeries is necessary.

Although، decades has passed since the creation and life insurances in Iran، this part of insurances has not found its proper position in legal and juridical system due to legal، juridical and cultural causes and because of its relationship with life and death of humans it has had a special feature and nature and has a great distinction from other insurances. Therefore، the legal main issues of life insurances are practically remained out of laws field and has caused juridical and legal problems. Jurists (Foqaha) disagree about the nature and legitimacy of Life Insurance، in that some judge it to be absolutely prohibited and the same as gambling، evidence of wagering، demarcating the fate، falsehood consumption of wealth، suspended contract، contract by a not fully grown-up adult، or betray a contract. Yet some others regard the life insurance as just as helping one another، settlement، personal bond، guarantee، leasing، deposit، future، gift، and contract of bailment، and of course legitimate، and relying on the freedom of contracts، binding authority on the parts of contracts، and sanctity of contracts، they have accepted any form of life insurance. In case، a question of doubt such as doubt about usury is proposed، it is not rooted in insurance itself and its nature، but it is a result of something out of the nature and essence of the insurance. Proponents either find the raised objections to the correctness of the insurance contract such as no mandatory guarantee، betraying، and suspension، invalid for insurance contract، or perceive their evidence not adequate enough to justify their discussion.

One of the major concerns of the medical staff has always been the occurrence of medical errors. Since the judicial، administrative، managerial measures and policies on how to embed them in order to reduce the probability of occurrence of such events have caused common concerns between judicial policymakers and managers of health، the present study sought to examine criminology ideas، both in theoretical and applicable criminology to illustrate this problem that «Punitive medical error» by which those criminology ideas can be explained and subsequently، which approaches and present ideas can be useful to counteract and prevent such incidents in preventive criminology. Finally، based on the researches done in the field of health، we explain the most common causes and elements of criminal medical errors of medical staff with “environmental causes approach in medical cares «، Consequently we will provide appropriate solutions in order to surround the criminal error causes and prevention of such incidents.

Increasing growth of medicine and numerous issues in this field، without doubt requires legislation according to religious standards. Brain death and its juridical and legal challenges is one of the controversial issues in last decades due to development of new biomedical technologies. There is no doubt that، the necessity of recognizing the statute and rights of those who suffer from brain death need is cognition nature of brain death and its relation to real death. There are different opinions but chosen view is that، brain death occurs after its corruption and at this time spirit exits from body. The base of this view is the preference of special tradition in this matter and the jurist’s certainty of specialists’ agreement in the union of brain death and natural death. In this assumption، real dead statutes is preferred to brain dead statute، so he/she has no legal personality and competence and he/she is disqualified for protection. Therefore، absolutely his/her representation would be resolved. Nevertheless، dead regulation cannot be applied for him/her until the body gets cold completely. However، it is possible to remove the organs for transplantation with two assumption compulsion and permission of leader of Muslims (Imam).

One of the most important mental diseases is Schizophrenia، which in it، thoughts، emotions and feeling of patient have changed and deviated and caused to disorder performance for them. The most characteristics of this disease are further tendency to isolation، separation and loneliness. They abhor the external universe and tend to isolation. They can become delinquent exceptionally because of their imaginations and in this way، they can be entered to criminal events. These patients create wrongdoing for some reasons، including: 1. Their delusions and hallucinations which are created by their psychosis، brain damages and misuse of drugs. 2. Having some disorders which cause impulsive and unexpected behavior. 3. Personality disorders. 4. Having an excitability mood، low tolerance and neurotic circumstances، but in special situations، they have legitimated excuses of criminal liability and in some circumstances they haven''t، which we have mentioned and illustrated perfectly in this essay.