Bio ethical principles of medical law with an emphasis on the law of Iran

Author:Mohammad Ali Mahdavi Sabet - Sajjad Mazloumi
Position:Department of Criminal Law and Criminology, Faculty of Law and Politics, Science and Research Branch, Islamic Azad University, Tehran, Iran - Ph.D student of criminal law and criminology, Department of Criminal law and Criminology, Faculty of law and Politics, Science and Research Branch, Islamic Azad University Tehran, Iran
Pages:321-335
SUMMARY

There has been many talks about the necessity of ethics in all affairs, especially medical affairs which deal with the lives of individuals and the society expects Medical Group to be abide by morals more than laws. This matter indicates on the fact that the society considers ethics as a stronger enforcement of the law and deplores a doctor who has ignored ethics in the medical profession. Thus,... (see full summary)

 
FREE EXCERPT
Bio-ethical principles of medical law with an emphasis
on the law of Iran
Assistant professor Mohammad Ali Mahdavi SABET
1
Ph.D. student Sajjad MAZLOUMI
2
Abstrac t
There has been many talks about the necessi ty of ethi cs in a ll affairs, especi ally
medical affairs which deal with the lives of i ndividua ls and the socie ty expects Medical
Group to be a bide by moral s more than laws. This matter indicates on the fact tha t the
society consi ders ethics as a st ronger enforce ment of the la w and deplores a doctor who
has ignored ethi cs in the medical profession. Thus, they bla med t he doct or from ethica l
aspect more th an deplorin g him from a legal aspe ct (civil or crimina l l iability ). The
legisl ator is a lso influe nced by pu blic in ant icipatio n of responsibili ty (both criminal an d
civil) for doct ors and imposes lega l rules o n this basis. The c oncept o f this arti cle has an
extremely close rela tionship with t hree conce pts of morali ty, professio nal eth ics and law.
Initia lly first two concept s will be defined and sepa rated and th en the relation between
profession al et hics a nd medi cal l aws wi ll be expressed . Then, the rela tion b etween tw o
concep ts of medical ethics an d bioet hics ethics will be eva luated. Two re ligion o r
secula rism basis ha ve been tak en for medical righ ts and streng ths and weak nesses of each
are discussed and the approac h of t he Iranian legal system will also be mentioned with
evalu ation of contro versial medical samples.
Keywords: medical la w, bioethics, pro fessiona l ethics, Doctors, pati ents
JEL Cla ssification: K32
1. Introduction
Medical law can be considered to be less governing the relations between
doctors and patients
3
. This combined description (Medical law) is a related to
ethics on one hand (Law) and professional ethics on the other hand (medical).
Thus, separation of ethics from professional ethics and then the distinction between
the concepts of medical ethics and bioethics and evaluation of theories and
approaches of bioethics are necessary. Medical ethics is a branch of professional
1
Mohammad Ali M ahdavi Sabet - D epartment of Criminal Law and Criminology, Faculty of Law
and Politics, Science and Research Branch, Islamic Azad University , Tehran, Iran,
ali.mahdavi@srbiau.ac.ir
2
Sajjad Mazloumi - Ph.D s tudent of criminal law and criminology, Department of Criminal law and
Criminology, Faculty of law and Politics, Science and Research Branch, Islamic Az ad University ,
Tehran, Iran, sajjad.mazloumi@srbiau.ac.ir
3 The reason for using medical practitioners instead of doctor will be explained below

To continue reading

REQUEST YOUR TRIAL