Applying the principle of antagonism in solving the “patients’ conflict of interests in the allocation of medical resources

Limitation of medical resources is one of the factors causing patients’ conflict of interests which is used from the prioritization system to solve it. Scientists have explained the concept and characteristics of "antagonism" and discussed the conflict between the mother’s life and the fetus’ life as one of its examples. However, so far no research has been done on the principle of antagonism to resolve the patients’ conflict of interest in the use of medical resources. Therefore, we intend to examine the capacity of jurisprudence to resolve this conflict.

The present research has been done by descriptive-analytical method with reference to library sources. First, the two concepts of "allocation of medical resources" and "patients’ conflict of interests and then the concept of "antagonism" and strategies to get out of this situation are explained based on the sources of the principles of jurisprudence.

The strategies have been presented in the science of principles to solve the problem of "antagonism" in religious rules and determination of the obliged person’s practical situation in the face of two tasks that he is unable to perform at the same time. Because the ways out of antagonism are rational and can be generalized to similar cases. If therapists despite their religious duty are unable to allocate these resources to several patients due to the limited medical resources, they should choose one. The criterion for this preference is the "importance" of one patient's treatment over others. This importance is measured by characteristics such as the priority of public interests over individual interests, the legislator's concern for the preference of an individual and justice.