Jurisprudence of treatment (book)

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=== The necessity of obtaining permission from the patients or their guardian for examination and treatment ===

Regarding permission of patients or their guardians for treatment, the author of Fiqh-i Darmān believes that whether we believe human beings to own their bodies or to only have control over them, medical examination and treatment are possible only with permission of patients themselves or of their guardians (pp. 123-124). According to him, when a person lacks decision making power, like ~~incapacitated persons~~ or minors, the guardian will be responsible for making decisions. However, if it was not possible to obtain permission from the patient or his guardian, as in case of anesthesia, and if treatment is necessary, there will be no need to obtain permission (pp. 126-127).

Regarding permission of patients or their guardians for treatment, the author of Fiqh-i Darmān believes that whether we believe human beings to own their bodies or to only have control over them, medical examination and treatment are possible only with permission of patients themselves or of their guardians (pp. 123-124). According to him, when a person lacks decision making power, like Legal Incompetents (Mahjūr) or minors, the guardian will be responsible for making decisions. However, if it was not possible to obtain permission from the patient or his guardian, as in case of anesthesia, and if treatment is necessary, there will be no need to obtain permission (pp. 126-127).

=== The effect of medical examinations in increasing the knowledge of the judge ===

According to Qāsimī, medical examinations and tests cannot be used as evidence to prove crimes and the only effect of these examinations and tests in the criminology process will be to increase the judge’s knowledge, and they will not be useful without attachment to other evidence and indications (p. 175). According to him, the opinion of a legal medicine practitioner will not be independent in legal and criminal matters, and he can only help the judge in the process of proving the sentence as a witness (p. 180).

@@ Line 87: / Line 87: @@
 === The necessity of obtaining permission from the patients or their guardian for examination and treatment ===
-Regarding permission of patients or their guardians for treatment, the author of Fiqh-i Darmān believes that whether we believe human beings to own their bodies or to only have control over them, medical examination and treatment are possible only with permission of patients themselves or of their guardians (pp. 123-124). According to him, when a person lacks decision making power, like incapacitated persons or minors, the guardian will be responsible for making decisions. However, if it was not possible to obtain permission from the patient or his guardian, as in case of anesthesia, and if treatment is necessary, there will be no need to obtain permission (pp. 126-127).
+Regarding permission of patients or their guardians for treatment, the author of Fiqh-i Darmān believes that whether we believe human beings to own their bodies or to only have control over them, medical examination and treatment are possible only with permission of patients themselves or of their guardians (pp. 123-124). According to him, when a person lacks decision making power, like Legal Incompetents (Mahjūr) or minors, the guardian will be responsible for making decisions. However, if it was not possible to obtain permission from the patient or his guardian, as in case of anesthesia, and if treatment is necessary, there will be no need to obtain permission (pp. 126-127).
 === The effect of medical examinations in increasing the knowledge of the judge ===
 According to Qāsimī, medical examinations and tests cannot be used as evidence to prove crimes and the only effect of these examinations and tests in the criminology process will be to increase the judge’s knowledge, and they will not be useful without attachment to other evidence and indications (p. 175). According to him, the opinion of a legal medicine practitioner will not be independent in legal and criminal matters, and he can only help the judge in the process of proving the sentence as a witness (p. 180).

Jurisprudence of treatment (book): Difference between revisions