مجله پزشکی قانونی
سال بیست و سوم شماره 4 (پیاپی 84، زمستان 1396)

Medical errors, including medical diagnostic errors, are one of the most significant issues in the world’s health system, and many of these errors will lead to judicial follow-up. In order to reduce the level of diagnostic errors in the medical field, recognizing the causes of the occurrence and appearance of the causes of human error is very important because their level of awareness is due to the true causes of these errors. What doctors themselves think about the causes of these errors indicates their degree of recognition of the most important causes of diagnostic errors. The next step is to reflect on whether this view is realistic or needs to change attitudes. This article is a research paper with a library and documentary and interdisciplinary study that was conducted in collaboration with 50 different physicians in the country in a qualitative study using a 5-spectrum diagnostic medical errors questionnaire. The questionnaire has been developed by a self-developed person and then a 5-point questionnaire with the highest priority of diagnostic errors from physicians’ point of view. Sampling is based on goal and interviewees have at least three years of work history. This post-design study has been modified in the centralized group, and has been represented to the group. From the physicians’ point of view, the most common cause of medical diagnostic errors is the lack of cooperation of the patient in providing accurate and complete information, as well as the lack of validation of the data with the patient’s condition. Examiner’s inadequate knowledge about the current status of the patient, proper data error, despite the knowledge of the physician about the error, he/she stops him/herself from adequate diagnosis by focusing too much on one special symptom, ignoring the error and not understanding the right symptoms and the premature closure, are the other errors.

Progresses made in the medical sciences have led to the use of human body organs and the byproducts thereof in treating some of the complicated and hard-to-cure ailments. This newly emergent phenomenon has been the cause of discussions and debates in Shiite jurisprudence and law. The major question raised in jurisprudence and law concerns the legitimacy of the human body organs trade and leasing them to the other human beings, especially the Muslims and that is whether such a trade can be deemed permissible or not? This is a qualitative research done via library materials and books and articles. The present article sets an appropriate grounding upon which the foresaid question is put forth and the responses thereto will be searched from the perspective of the canonical texts and proofs. Basing their reasons on the verses and Narratives and consensuses, some jurisprudents have decreed that such a trade should be considered among the invalid recently-arisen issues. On the contrary, there are other jurisprudents that based on the generalities and the denotations derived from verses and Narratives and according to an intellectual merit of such sales and also by making use of inclusions and general topics opined in favor of such sales, have emphasized on the permissibility and the authenticity of purchasing and selling of profitable objects and the intellectually good outcomes of such trades. Taking into consideration the advances made in the medical sciences and the Shiite jurisprudence’s concordance with the useful scientific progresses and also according to the importance that is given to the improvement of the Muslims’ health statuses within Islamic communities, the current research paper supports the authenticity and permissibility of such a trade as opined by the proponent jurisprudents.

The Legislator in Islamic Punishment Code, in several articles, has put the title of “permeation” under its legislation. Legislation in every subject, requires that, in the first place, we explain the identity of the subject and recognize every aspect of it. However, the legislator, without identifying his definition of “permeation”, has delved into the legislation in this field, which leads to several ambiguities for experts in forensics. Passing of time is an essential condition for realization of the identity of “permeation”; this has been discussed in Common Law in which the passing of one year and one day was a condition for realization of the “permeation”. It is of paramount importance that the identity of ‘permeation’ is a jurisprudential innovation, something the legislator has profited a lot. Therefore, it would be better if the legislator explained his definition of ‘permeation’ by presenting the conditions for the realization of the identity of ‘permeation’. A descriptive-analytic method was used and the essential information was gathered through library studies in Jurisprudential, legal, medical and other books. This essay lead to the conclusion that the realization of the identity of ‘permeation’ depends on two conditions: 1. The existence of two crimes; 2. A causal relation. The passing of time is only a prevalent requirement of ‘permeation’, not an essential part of it.

Razi Psychiatric Hospital is one of the most important mental hospitals in Iran. The majority of the patients who have committed crime are treated in this hospital. This study surveys the process of diagnostic assessment, care and rehabilitation of criminal inpatients of Razi hospital.
This is a descriptive-analytic study. The statistical population of this research incudes all of the patients of the hospital during winter 2015. The population was chosen using a non-random sampling method. The data was collected using a researcher-made form that included characteristics such as demographic, social-economic situation, diagnosis, the treatment they get and the type of the crime they had committed. In addition, the diagnosis and treatment information that was collected in patients’ cases using DSM-IV-TR, was also used. The HCR-20 checklist was piloted to assess the risk level. The collected data was checked using SPSS.
Findings: During three months of winter in 2015, the number of criminal inpatients in Razi Hospital was 153 (17 females and 136 males). The findings showed that the treatment that was served for them wasn’t different from the non-criminal patients’ treatment. The only treatment they received was regular doctor visits and drugs. No organized psychiatric, rehabilitation and educational service was provided. Also there is no follow-up program defined for these patients. Although the forensic medicine doesn’t send these patients to this center to only treat them but to assess their risk level, for which there is no organized program.
Criminal patients need practices more functional than what is currently being provided. This study shows that the level of the Razi Hospital’s service needs improvement and needs its special high secured section to assess and treat the criminal psychiatric patients.

Despite the improvement in life methods and standards, divorce is a pathetic fact in almost all of the developed and developing countries. Given the different aspects of the reasons for divorce and its bad effects, knowing the main reasons of it according to the spouses is necessary. This study aims to survey the reasons according to women who referred to forensic centers of Hormozgan province.
This is a case-control study on 1442 women asking for divorce who referred to forensic centers of Hormozgan province to do a pregnancy test from March 2015 till March 2016. To identify the main reasons of divorce a control group including 1442 married women who had never got divorced were chosen. The information was collected through face to face interviews and was used to fill the questionnaires for final statistical analysis.
Findings: The main reasons for divorce according to these women were: age (P=0.001), duration of marriage (P Youth and mental immaturity, dislike in pregnancy, financial problems due to the husband’s unemployment, dysfunctional family council sessions, physical violation in the family, drug and alcohol abuse and the family’s unjustified intervention in the process of choosing the spouse are the reasons leading the couples towards divorce.

In recent years new technics and molecular genetic methods have been offered for face and scull identification in legal and criminal cases which simplify the assessment of individual characteristics like eye color, hair and skin. The technology of face identification by DNA molecule, studies the effective molecular markers in face and scull identification using the whole genome sequencing.
This article studies the identification of the size and shape of face and scull using the imaging and molecular technology through scientific journals on NCBI and the ones published at Elsevier and Nature during 2010 to 2017.
Findings: The research showed that using the Next Generation Sequencing Platform machines, marks how POU2F3, OCA2, SLC24A4 and HERC2 have significant relationship with European and Asian population’s melanin that is responsible for the hair and skin color. The research also showed that single-nucleotide polymorphism changes in EDAR, DSHS2, FGFR1, PAX3 and COL17A1 is related to the morphology change and different people’s scull structure.
Discovering the effective genes that form the melanin and shape of the face and scull will help us solve crimes using the biologic remains in crime scenes.

The death of a pregnant mother is one of the important indications of evaluating the social and economic improvement of a society and indicates how functional its healthcare system is. Many of the reasons that cause the mother’s death, can be avoided. This study aims to determine the reasons of pregnant mothers’ death.
This is a descriptive-analytical study. It retrospectively studies 165 case files reporting the death of pregnant mothers between 2008 and 2013 in Tehran province, using a researcher-made checklist to collect the data needed.
Findings: According to the findings the reasons documented by the physicians were these: 82 cases (49.6%) unknown, 14 cases (8.5%) respiratory disorders, and 11 cases (6.6%) hypertensive disorder due to pregnancy. According to autopsy reports cardiovascular disorders, 34 cases (20.6%), was the most frequent death reason and respiratory disorders, 24 cases (14.54%), is second in line and gynecologic disorders that includes postpartum hemorrhage and infection is the third in line with the record of 22 cases (13.3%).
Cardiovascular disorders and respiratory disorders are the two important reasons for pregnant mothers’ death. This marks the importance of the need to prevent these problems, more than ever. During the pre-pregnancy care of mothers who have planned for pregnancy, cardiovascular and respiratory disorders should be checked thoroughly and precisely. Other risk factors such as overweight, non-healthy diet and inadequate physical activities should be identified and the necessary interventions should be done.

Occupational incidents are among the inevitable threats that the working community has always faced and, in most cases, fear of being dismissed, and the agreement with the employer, leads the injured person to give legal prosecutions and the rights of the individual up. Issues related to this topic are discussed in this research project.
In the cases of occupational injuries that have referred to legal medicine centers from 2015 to 2017, information about characteristic of damaged or dead persons have been recorded in separate information forms and were analyzed with SPSS19.
Findings: The majority of the participants of this study were male. Those with the age of 26-30 years old (34%) were also the majority. The most injured persons were under diploma. 25% of them had complained from one week to one month after injury, but about 6% had complained over 3 years after injury. 28% did not have an occupational injury report. 35% were fired. 45% experienced degrees of permanent disability of which the most was in upper limbs. In about 31 % of dead persons, brain and skull injury were the cause of death.
Both the workers and their employers must be well-aware about their rights. In case of an incident, it should be reported immediately, and the injured should be able to pursue legal actions without fear of the employer, and preferably with the direct encouragement of the employer. Forensic medicine must also ensure the correctness and accuracy of pre-employment examinations.