فصلنامه حقوق پزشکی
پیاپی 42 (پاییز 1396)

Social security as a social and historical phenomenon, is being considered as the result of economic and social development process especially in developing industrial societies proposed as the individual security requirements against the social risks but its legal norms in the human right framework needs international community attention on the basis of issuing international documents, rules and regulations. In the documents, the social security right with all subject varieties is being recognized as the fundamental right to preserve human inherent dignity and supply its social and individual benefits indicating governments are in charge of human right fulfillment. Although all governments regarding, facilities financial resources and other political social conditions, do not fulfill all rights as the same, the right to social security as a fundamental right of every individual is being accepted nationally and internationally which assists governments to do justice and establish social security as well. The right to social security is also regarded as an appropriate indicator in international peace and security preservation. This paper seeks to answer the following questions,What is the position of social security on international system of human rights? What are the social security rights’ components and concepts? In addition, what is the government role for the social security right fulfillment?

Wife fertility by donation sperm or ovum is one of the new methods of laboratory fertility that experts benefit it to treat infertility of one of the spouses. In this technique, by supervision of doctor, wife will be able to fertility by getting donations sperm or ovum.
Infertility treatment of wife by foreign gametes causes some reactions and oppositions from Shia and Sunni scholars, especially this opposition is more precisely considered in relationship with wife fertility by foreign man’s sperm in a way that more scholars treat this prick as adultery and oppose to maintaining chastity. By this citations, it is necessary to study if donation of gametes is unlawful? Or its permission is not out of mind? And by permission assumption, what compliance issues are its provisions? Is administration of this method interference in divine destiny, adultery and violation of caution in frvj? So, in this study, by firm answering to mentioned questions, we prove that benefiting this technique will be conditional lawful.

The probability of infection of disease is an issue that may be a concern for many citizens, especially for people regarding to their jobs or by having dangerous relations and etc. are exposed to infection by this kind of disease. The assumption is where that person presently is not diagnosed with any disease and also in the future hisher infection is uncertain but often it is probable that the person is infected but because of latency and etc. is unable to be diagnosed or probably it will be formed in future. In this article, the subject mentioned above, by the titles of increased risk of disease and fear of disease in Iran and the United States law systems are considered and the effort was put to analyze the standards and norms for compensation of probable damages according to law and their judicial judgments. In Iran law system according to existing laws, probability of infection to a disease as a physical damage does not make any liability, although as a moral damage even in approved laws or jurisprudence sources, fundamentals for civil liability can be found about this subject. In the United States law, concerning infection to diseases many different judgments have been made that the courts, by adopting various standards, have accepted some actions, and some actions have been rejected.

In spite of scientific and technologic developments in medical diagnosis and treatment, health providers’ malpractices increased that can decrease confidence of the people to them and cause stress and anxiety. The study is carrued out to determine the compliant about health providers’ malpractices in records referred to forensic medicine organization in Urmia, during 2009-2013.
In this descriptive cross-sectional study, 134 malpractices claim records registered in legal medicine organization were assessed. Demographic characteristics of the patients and health providers, the place and the kind of malpractices and the kind of injuries were gathered by a checklist and analyzed by SPSS 18.
Findings: During these 4 years, 134 claimed documents had been studied. 101 (75.4%) of samples were men and the others were women (24.3%). Mean age of them were 35.1±19.2 years. Most of records were related to doctors’ malparctices (37.3%) and other health care providers (62.7%). The most of complaints were related to carelessness (39.5%), lack of skill (28.9%), negligence (26.3%) and non-compliance with government regulations (5.3%). Orthopedic surgeons (16.4%), gynecologists (12.7%) and general surgeons (11.2%) and ear nose and throat specialists (11%) had the highest malpractice cases. As a result of complaints cases referred to in (74.6%) resulted in acquittals and in (25.4%) cases resulted in a conviction.
Although most of the health care providers were acquitted, scientific skills and a good communication with patients about their treatments and reduction of possible side effects and paying attention to medical ethics can prevent many complaints.