نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری تخصصی حقوق خصوصی، دانشکده حقوق، دانشگاه آزاد اسلامی واحد بین المللی قشم. (نویسنده مسئول)
2 استادیار و عضو هیأت علمی، دانشکده حقوق، دانشگاه آزاد اسلامی واحد شهر قدس.
3 دانشجوی دکتری تخصصی حقوق خصوصی، دانشکده حقوق، دانشگاه آزاد اسلامی واحد بین المللی قشم.
4 کارشناس ارشد حقوق خصوصی، دانشکده حقوق، دانشگاه آزاد اسلامی واحد بندر عباس.
عنوان مقاله [English]
In special situations, including the spread of the corona virus, if due to the large number of patients, there are not enough facilities and equipment to treat all patients, in such a situation, there will be a conflict between saving the life and health of the patients, and doctors should first of all do their best to treat all patients, but if it is not possible to treat all of them due to the lack of facilities and equipment, we will face the rule of "confluence" and in this situation, it should be based on the provisions of the confluence rule and the preferences of conflict, such as " Let's choose a group of patients for treatment. Of course, we should not associate this selection based on the concepts and ideas that have been proposed in the theory of Social Darwinism.
Because Social Darwinism is a belief and a theory based on which the strongest and fittest should survive and grow and develop, while the weak and featureless should be left alone to perish. But the selection that we are interested in in the discussion of Tazham is a choice that is based on the standards of reason, logic and society's expediency and not just a racist choice and... And on the other hand, if there is a conflict between saving the life and health of patients and saving the life and health of doctors and medical staff, doctors and medical staff should save the life and health of patients for the sake of the "general interest of society" over saving their own life and health. and they cannot refuse to treat patients for the sake of saving their lives.