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The Role of the Legal System in Preventing Medical Malpractice and Crimes
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Sadegh Tariverdi1    , Mohammad Hossein Sadeghi *2 |
1- Judicial member of the Medical Disciplinary Board & Researcher of Medical Ethics and Law Research Center of Shahid Beheshti University of Medical Sciences, Tehran, Iran.
2- Judge of the Supreme Court, Tehran, Iran. |
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Abstract: (282 Views) |
Background and Aim: Prevention of crimes and violations is one of the most important concerns of the legal system and the main strategy of the criminal policy, which, accordingly, prevention of malpractice and medical crimes is also a part of this strategy. In order to achieve this goal, the legal system has approved laws at the extra-legislative level, normal and government regulations, but due to the rapid social changes, the rapid growth of technology and the emergence of new diseases, the need to amend laws and regulations in the prevention of crimes and medical malpractices are inevitable along with these developments.
Methods: This article has been written by using valid domestic and foreign scientific books and articles and using the study method and using judicial experience to explain the role of judicial procedure in the prevention of malpractice and medical crimes.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: In this approach, it is necessary for the legal system to take advantage of the existing legal and jurisprudential capacities in the domestic law, while providing a new reading of the basics of the criminal and civil liability system of the medical community to prevent the commission of medical violations and crimes.
Conclusion: The legal system can guide the legislative system in legislative and judicial dimensions (creating procedure) to adopt preventive policies and measures against medical crimes and violations by using the prevention criminology teachings and modern criminal policies. |
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| Keywords: Legal System, Basics of Responsibility, Malpractice Prevention, Medical Crimes |
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Full-Text [PDF 402 kb]
(193 Downloads)
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Type of Study: Original Article |
Received: 2024/04/21 | Accepted: 2024/09/14 | Published: 2024/12/1
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