مقالات رزومه زهرا شایسته مجد

Due to the complexity of the production and distribution of medical equipment, the consumers are often unaware of the composition of these items and how to use them, which increases the possibility of harm to them. Lack of knowledge or lack of information of consumers and their trust in medical products may infringe their rights by the producers and distributors. This fact reveals the need for the present study. This study examines the current laws and regulations on how the Iranian legal system approaches the protection of consumers of non-standard medical equipment.

This Research is of theoretical type, and the research method is descriptive-analytical and conducted using library resources such as documents, books and articles.

To Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

By studying the international provisions on the fundamental rights of the consumer, the study results show that there are shortcomings in the law on the Protection of Consumer Rights (2009) that the negative consequences of such a thing directly affect the consumer. In addition, due to the need for transparency and explicitness of the law and taking this point into account when drafting the law, we should say that such a thing is not observed in Article 526 of the Islamic Penal Code (2013) on determining the guarantor and the same lack of explicitness in the Consumer Protection Law. It is clear. Also, the Eatable and Drinkable Material, Pharmaceuticals and Cosmetics Products Law (1968) has spoken only about guaranteeing the implementation of the import and illegal manufacture of drugs and has remained silent about medical requirements.

By making amendments to the above laws as well as the Anti-Smuggling of Goods and Currency Act (2013) (such as the legal obligation of detectives to undergo the required training courses as well as the criminalization of the purchase of smuggled medical goods) Consideration of the principles of the Constitution and Consideration of comparative law, including the United Nations Consumer Rights Guidelines and the EU general product safety Regulations, has taken steps to protect the rights of consumers and patients.Please cite this article as:Bakhtiari F, Bakhtiari Z, Hosseini M.Analysis and Evaluation of Iranian Law in Protecting Consumer Rights against the Manufacturer and Distributor of Non-Standard Medical Equipment. Medical Law Journal. 2022; 16(57): e30.

The wide range of medical equipment and its widespread use, on the one hand, and the growing trend of injury to patients, on the other, redouble the need for research on the responsibility of physicians and medical staff. The present article has been written with the aim of analyzing the Islamic Penal Code on the responsibility of medical staff in the field of medical equipment and showing its challenges in this field.

Leading research has been compiled by descriptive-analytical method and by collecting information in the form of a library and referring to laws and legal articles.

Ethical Considerations:

 In all stages of writing this article, while respecting the rights of others, honesty and trustworthiness have also been observed.

The findings indicate that in Article 319 of the Islamic Penal Code adopted in 1991, the principle was the absolute responsibility of the medical staff However, Article 495 of the Islamic Penal Code adopted in 1392 provides for liability based on fault, which will create problems for proving the fault of medical staff in prescribing and using medical equipment for patients.

Analysis and evaluation of the new Islamic Penal Code shows that although our legislator has approved articles on the responsibility of medical staff, but in practice with serious challenges, including guaranteeing the responsibility of the patient and the nurse deprived of specialized medical courses Facing and ignoring other medical-related words. Also, in accordance with the laws and regulations of the United Kingdom and the United States regarding medical equipment, the patient's right to information should be taken into account when drafting laws.