فصلنامه حقوق پزشکی
پیاپی 49 (تابستان 1398)

When one hurts or sustains a loss or damage due to harmful act, he or she shouldn't be motionless and after that, claim restitution but should act reasonably and do his or her best for blocking or decreasing of loss. The question is. Can this rule also apply to medical law? When patient hurts or subject to hurt because of physician's or other related persons' mistake, injured person should do any necessary acts in order to treatment or reduction of disease such as following other treatment procedures. Applying of this doctrine needs some conditions like awareness of patient, financial ability or so. And some factors can prevent to apply this doctrine. Including them, religious beliefs can justify failure to deal with the damage. Injured person doesn't deserve for receiving any compensation for damages which he or she didn't prevent. This essay consider the mitigation of damage doctrine and its condition and obstacles in medical laws, And in this regard, conflict or non-conflict Mitigation of damage doctrine to religious beliefs can be studied.
Please cite this article as: Khakpour M, Bashokouh M, Lotfi AR. The rule of Mitigation of Damages in Medical Law and the Influence of Religious Beliefs in Applying this Rule (Comparative Study with American Law). Iran J Med Law 2019; 13(49): 7-36.

One of the important issues in today's law is the responsibility of the physician, which has undergone some changes in the Islamic Penal Code. The global spread of medical events and consequently the growing number of injuries to patients, more than anything else, reveal the need for a comparative study on the physician's guaranty. While there is a controversy in the jurisprudence regarding the basis of the medical guarantee, the legal system of some countries - such as France, Sweden, and New Zealand - with the passage from the civil liability of the physician, has initiated initiatives to compensate patients. The Islamic Penal Code has also abandoned the rule of law by relying on a guilty plea for the accountability of the doctor. In light of this, the present study seeks to answer the question of whether the basis of the physician's guarantor in the Islamic Penal Code is responsible for the compensation of patients. After explaining the jurisprudential views and comparative examination, the current and past Islamic penal code regarding the guaranty the physician examines the procedure accordingly. Finally, the findings indicate that the rules on the physician's responsibility in the Islamic Penal Code, in addition to not complying with the jurisprudential views, have left the developments of the day in other countries, and according to the current regulations, in cases where the physician does not make a fault, the damages Patients will be affected. Accordingly, the basis of the physician's responsibility in the Islamic Penal Code does not meet the current needs of the community.

Please cite this article as: Ghaffari S, Ebrahimian N, Ghasemi M, Abbaslu B. Comparative Study of Changes in the Islamic Penal Code Regarding the Responsibility of the Physician. Iran J Med Law 2019; 13(49): 37-63.

The concept and effect of the condition of non-responsibility as one of the examples of reduced liability is lesser interest in insurance and existing laws. The ambiguity of the conditions of these terms and the referral of the condition of these terms to the particular circumstances of the insurance policy is critically criticized by the extension of the insurance contract and the superior trading power of the insurance companies, which often leads to the loss of the doctors, paramedics and other losers. Not be generally, the terms of non-liability in the insurance contract are of two legal and contractual origins. However, with some legal bases, you can cancel the condition of non-responsibility of the contractor to the main obligation of the insurer, but this ambiguity continues with the insurer's subsidiary obligations. In some cases, franchising is an example of a non-liability condition, and in other cases, franchising is a condition of limitation of liability, which in both cases should be considered as such a condition. In general, the referral of the condition of non-compliance to the private situation has allowed the abusive agent to escape the burden of compensation. For this reason, a review of existing laws and regulations seems to be necessary from this perspective.

Please cite this article as: Roosta Sekehravany MJ, Tabaie MA, Amini M, Jamali J. Review of the Non-Liability of the Insurer in Insurance Contracts under the Responsibility of Doctors and Physicians. Iran J Med Law 2019; 13(49): 65-85.

The right to health and the right to treatment are some of the fundamental rights and essential needs of a society which the state is responsible for this fundamental and permanent society need as the representative of the nation. So the social man has placed the main social duties in the area of the state’s jurisdiction through the choice of the governments, and also has demanded the state to applying it by granting some authorities. Perhaps the right to treatment, which has a very close and direct relationship with the life right, is one of the most important duties of the state. As if in our country, major health services are provided by the public sector. Existing challenge is that in cases which health services are provided by private centers, if the doctors or employees in these centers contravene a citizen’s treatment right, the government is still responsible or not? In which the state’s role is very insignificant and if the responsibility rises from article 12 of the civil liability act can be the basis of state’s responsibility in this field or not? There is no doubt that the government is responsible for meeting the rational community treatment needs and according to rules specification and fundamental changes in governments’ duties about the right to life and treatment right and states international obligations and the immergence of governments human rights discourse, states are responsible for and obligated to support and offer these services to all of their citizens. Therefore in this article with assumption of government direct role in the treatment and management of medical measures and providing, equipping and starting up the centers of the medical units and policy and health care observations, principles of state responsibility in treatment from legal requirement perspectives will be studied.

The World Trade Organization, as one of the youngest international organizations following its 50th activity of predecessor means the General Agreement on Tariffs and Trade in the Multilateral Trade System, through the establishment of a General Agreement on Trade in Services, regulated the domain of International Trade in services and by designating Integrated legal framework for the advancement and development of international trade in health services sector has emerged as one of the fourteen sections of its international services, which has become increasingly important for both developing and developed countries in the past two decades. The present study, using the analytical-descriptive method of this finding, will determine that the General Agreement on Trade in Services as one of the main Agreements covered by the WTO law will play a significant role in the development of international trade in health services through a variety method of services supply and codification general and special legal obligations.

Please cite this article as: Shirmohammadi AR, Raeisi L, Raei Dahaghi M. Development of International Trade in Health Services in the Legal System of World Trade Organization. Iran J Med Law 2019; 13(49): 123-148.

This study aims to identify and prioritize the most serious crimes committed by mentally retarded people, causes and factors to prevent the commission of a crime from the perspective of police officers, lawyers and judges are doing... -member , which included set high standards seventh. Results of this study showed that Lowest and the most frequent crimes committed by mentally retarded people were killed and damage to property, the most important factors influencing their low average IQ delinquency and abuse by other perpetrators and the most important factors in the prevention of delinquency mentally retarded people, by the people through education and awareness Culturing them is correct. Since individuals with mental retardation, a series of social problems, economic, cultural and educational have to educate people on to support their rights and education & training of police officers, lawyers and judges necessary condition for justice it is.

Please cite this article as: Dehdarzadeh F, Mir Mohammad Sadeghi H, Ashuri M, Mahdavi Sabet MA. Mentally Retarded Persons Offences; Causes of Crime and Prevention from the Perspective of Police Officers, Lawyers and Judges. Iran J Med Law 2019; 13(49): 149-165.

Many Imamiyeh Jurists have considered the blood money for the testicles as an exception to the principle of pair and single organs, and hence, have considered a more blood money for the left testicle than the right one. Article 665 of the Islamic Penal Code, following this group of jurists, has adopted the same procedure. This assumption, one the one hand, is the result of the reference to some religious texts in which a more blood money for the left testicle has been cleared, an on the other hand, the result of refraining from the principle of pair and single organs and an exception to that based on some particular traditions. However, advocates of this view are not of the same type; they have some disagreements about the amount of a more blood money. These disagreements have been discussed under the title of ''two thirds and one third'', ''two third and a half'', ''one and a half'', ''Sheikh and the Youth'' and all originate from traditions of the chapter. However, more jurists believe in the equality of the two testicles in their blood money. In this essay, by a library method and a descriptive-analytic approach, we discuss all jurisprudential views and their reasons in this regard and, in the end, will choose a theory which, on the one hand, accords essential jurisprudential principles, and on the other hand, accords medical achievements.

Please cite this article as: Sadeqpur MJ, Zargarian T, Fatemi Nia Y. A Critical Inquiry into the Jurisprudential Foundation of Article 665 of the Islamic Penal Code (A Critique of the Theory of the Blood Money of the Left Testicle being more Than the Right One Based on Religious Texts and the Medicine). Iran J Med Law 2019; 13(49): 167-194.

Based on the viewpoint of Persian medicine, the behavioral dimension of particular Mizaj (temperament)s is defined as to appear to be more talented in the actions of the crime.
Since, Lack of comprehensive study on the relevant of Mizajes and delinquency, so the Present study was conducted to investigate relationship between the 9 temperaments with delinquency in the Malayer’s city. In this descriptive- analytical study, Mojahedi Ten item Mizaj Questionnaire, was distributed in two groups of males in 20-40 years old of Prisoners and non- prisoners in Malayer’s city in 1395. According to this questionnaire, was defined the temperament of the criminals and common population. In 9 groups of temperamental and research findings have analyzed in two parts of descriptive and deductive with SPSS software, in descriptive analysis of single variable are discussed to the results of the variables of the types of temperamental; And for transparency of data. Have used of descriptive statistics tables (absolute frequency, frequency of gathering), and in the inferential analysis section has been used, of the chi-square and umann whitney test. There was meaningful relationship between the temperament of criminals and common people (P=0.00).
The difference in habitual was different between the groups of criminals and common people and it was confirmed, with reliance 0.95 and also the difference in habitual in criminal persons with number 12.134 was more than common peoples with number of 88.92 and it was cold and dry in prevailing temperament prisoners. It seems, according to the results of this study, there is relationship between Mizaj of people and the talent of committing a crime. To prove this probability, it is necessary a research in other areas and with more sample size.

Please cite this article as: Rostami H, Zohrehvand H, Mojahedi M. Assessment if the relation between Crime and Mizaj (Case study of Malayer). Iran J Med Law 2019; 13(49): 195-214.