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Patients' Rights for Crimes Related to Medical Equipment; From Theoretical Oblivion to Wandering Criminal Policy
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Amir Samavati Pirouz *    |
| Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Karaj Branch, Islamic Azad University, Karaj, Iran. |
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Abstract: (218 Views) |
Background and Aim: Neglecting the rights of patients in medical criminal policy can be seen as the result of the legislative policymakers' inattention to the necessity of deterrent criminalization against the harm caused to the health of patients due to the inefficiency of medical equipment. In addition, even in cases where there have been sporadic criminalizations, on one hand, abandoned crimes have been formed in the field of injuries caused by medical equipment, and on the other hand, the prescribed punishments in the field of these crimes lack the requirements of useful and effective criminal responses in order to protect the right to the health of patients. In this way, the author intends to explain the four theoretical foundations regarding the criminal policy regarding the crimes related to medical equipment, which consists of policy making regarding the risks to the health of patients from the perspective of production, import, maintenance and training and use of medical equipment, the components to criticize and analyze the regulated and convergent criminal policy with theoretical foundations.
Methods: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and referring to documents, books and scientific articles.
Ethical Considerations: In all stages of the research, in addition to respecting the principles of trustworthiness and impartiality, the authenticity of the texts and honesty have also been observed.
Results: The lack of developing a guarantee of appropriate criminal executions for the mechanisms of monitoring the production and import of medical equipment, whether consumable or non-consumable, the lack of a criminal policy based on the protection of patients' rights against medical equipment defects and the lack of repairs and calibration of them within the prescribed dates, disregarding the necessary major punishments related to the management of the distribution and supply of medical equipment in hospitals and medical centers and medical errors caused by the lack of training to use them are among the inevitable consequences of the scattered criminal policy regarding the right to health of patients in the field of crimes related to medical equipment.
Conclusion: Scattered laws and lack of a criminal policy model converged with the requirements of criminal protection of patients' rights have led to the degradation of safety measures in the field of medical equipment and their quality level, and the provision of health services to patients due to the lack of deterrent criminal responses to crimes related to medical equipment also lean towards the criminal policy regarding the responsibility of suppliers of defective medical equipment or the responsibility of the manufacturer regarding the non-compliance of the performance of the production equipment with what is claimed lacks any alignment with the standards of health-oriented criminal policy in providing the rights of patients. In addition, the forgotten image of the victims of crimes related to medical equipment has led to the fact that a vigilant criminal policy has not been adopted to protect such patients, which is a reflection of the wandering criminal policy related to these crimes. |
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| Keywords: Crimes Related to Medical Equipment, Right to Health, Patients' Rights, Medical Criminal Policy |
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Full-Text [PDF 473 kb]
(261 Downloads)
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Type of Study: Original Article |
Received: 2023/08/1 | Accepted: 2023/11/21 | Published: 2024/01/14
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