Patients' rights for crimes related to medical equipment; From theoretical oblivion to wandering criminal policy

Background and Purpose: The abandonment of patients' rights in the medical criminal policy can be seen as the product of legislative policymakers' inattention to the necessity of deterrent criminalization against the harm caused to patients' health due to the inefficiency of medical equipment. In addition, even in cases where there have been scattered criminalizations in this regard, on the 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 They are in line with supporting the right to health of patients. In this way, the author intends to explain the four theoretical bases regarding the criminal policy regarding crimes related to medical equipment, which consists of policy making regarding the health risks of patients from the point of view of production, import, maintenance and training and use of medical equipment, the components of a policy Critique and analyze a systematic and convergent criminal law with theoretical foundations.Method: 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: lack of formulation of the guarantee of appropriate criminal executions for the mechanisms of monitoring the production and import of medical equipment, whether consumable or non-consumable, lack of a criminal policy based on the protection of patients' rights against medical equipment defects and lack of repairs and calibration of them in the prescribed periods, indifference The necessity of large-scale punishments regarding 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 dispersed 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. lean towards Also, 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.

کلیدواژه ها:

crimes related to medical equipment ، right to health ، patients' rights ، medical criminal policy