New Technologies Health and Law
Shahriar eslamitabar; MAHDI SAEIDIAN
Volume 2, Issue 2 , February 2025, , Pages 87-105
Abstract
Context and Purpose: France is known as the cradle of law and law. French e-Health in the field of health care have been compiled and approved based on the pillars and elements of the right to health introduced by the main international institutions of human rights and the World Health Organization and ...
Read More
Context and Purpose: France is known as the cradle of law and law. French e-Health in the field of health care have been compiled and approved based on the pillars and elements of the right to health introduced by the main international institutions of human rights and the World Health Organization and according to the conditions and possibilities of the day. This field of new French laws with emphasis on electronic health can be a good model for the Islamic Republic of Iran in developing the aforementioned laws and regulations.Research Method: This article has been written using the paper and e-books and articles available in real and virtual libraries in a descriptive-explanatory method.Findings: The basics of health care law in of France, like any other country, include; The legal control of health care professionals is informed consent to treatment, negligence, error and confidentiality of personal information, which, although it has many similarities with the general trend of the world, is unique in its own way. The role of French public health law is also important in this regard. On the other hand, due to the fact that the right to independence and individual freedom is highly respected in France, an implicit or explicit contract between the mentioned specialists and the patient referred to them, in the form of civil rights and contract laws of France, is carefully considered. The legislator's attention has been drawn. From the beginning, these contracts will be accompanied by legal liability related to negligence and possible negligence.Conclusion: Due to the close cooperation of European countries in the form of the European Parliament, important legal issues have been raised and resolved in the form of French and European Union laws and regulations in medicine and health care, including; Confidentiality of electronic health files, considering the nature of these types of files and the possible access of various people to it, the area of authorized activity of specialists and the issuance of licenses, the jurisdiction dealing with possible violations, liability for negligence and errors and technical defects of telemedicine equipment. is, which has been legislated in all subjects according to the needs and conditions of the day.
Law and Forensic Medicine
Abdul Hassan Kazemi; Ali Eslamifar; Mohsen Saberi Isfeedvajani
Volume 1, Issue 1 , June 2024, , Pages 53-69
Abstract
Background and Objective: One of the stages of approval a drug or treatment method as a standard product or method in legal centers is clinical trial involving human samples. Since the efficacy of the tested drugs and treatments have not been proven yet, individual participating in these trials face ...
Read More
Background and Objective: One of the stages of approval a drug or treatment method as a standard product or method in legal centers is clinical trial involving human samples. Since the efficacy of the tested drugs and treatments have not been proven yet, individual participating in these trials face inherent risks. therefore, ethics and law demand the protection for these people and the prevention of risks and the compensation for damages resulting from adverse events.Methods: In this article, the ethical and legal issues of therapeutic and non-therapeutic clinical trials are investigated and the model of the best method for conducting clinical trials from an ethical perspective is presented.Results: Biomedical researches are conducted in different methods and clinical trials on human samples face the most ethical and legal issues and challenges. Among the most important challenges are unacceptable risks to the participants, obtaining informed consent, especially for individuals without mental capacity and children, negligence and negligence of researchers and compensation for possible damages to the participants.Conclusion: By modeling to the regulations related to clinical trials on human samples in EU member countries, including England, not only the right to freedom and individual independence of humans is respected; Rather, the lives and health of the participants are also safegaurded. This dual focus is also emphasized in Islamic jurisprudence. The legal issues of the use of specific populations such as prisoners, children, patients and cognitively impaired adults has not escaped the attention of legislators in leading countries.
Healthcare Law
Bahram Mofid; Mehdi Dostdary; Abbas Karimi Mojarad
Volume 1, Issue 1 , June 2024, , Pages 71-82
Abstract
Background and Objective: Industrial living conditions, the increase in the population of elderly people and the occurrence of chronic and incurable diseases have caused patients to use drugs and complementary and alternative medicine methods, including methods based on biofield or aura. These methods ...
Read More
Background and Objective: Industrial living conditions, the increase in the population of elderly people and the occurrence of chronic and incurable diseases have caused patients to use drugs and complementary and alternative medicine methods, including methods based on biofield or aura. These methods do not have the risks of side effects of chemical drugs and the high cost of common modern medical treatments. In order to be used optimally, this ancient medicine needs legal control and supervision in order to prevent financial abuse and fraud, as well as the negligence of therapists.Methods: Regulatory methods and laws for complementary and alternative medicine in the world have been reviewed and the best regulatory methods and laws for it in Iran have been presented.Results: Every medical field requires legislation, legal control supervision, and even inspection. In addition to ensuring quality, efficiency, and reducing the risk of using tools and methods, such measures help prevent abuse and fraud. This issue is particularly significant in the field of complementary medicine, where there is a great need for a relationship based on trust between the therapist and the patient.Conclusion: Due to the high risk of financial abuse and fraud, it is necessary to develop and enforce the necessary regulations to address false claims and fraud in the use of complementary and alternative medicine methods. Educational standards should also be carefully applied in this field to prevent the employment of uninformed and unqualified people in this field, because the activity of these people causes damage to people's trust.
