Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Examining the Rule of Engagement Regarding the Treatment of Covid 19 Patients

Document Type : Research Article

Authors
Saman Askari 1
Dr. Alireza Mazloum Rahni 2
Ali Kardan 3
Reza Zarjan 4
1 PhD student in Private Law, Faculty of Law, Islamic Azad University, Qeshm International Branch. (Corresponding Author)
2 Assistant professor and faculty member, Faculty of Law, Islamic Azad University, Quds branch.
3 PhD student in Private Law, Faculty of Law, Islamic Azad University, Qeshm International Branch.
4 Senior expert in private law, Faculty of Law, Islamic Azad University, Bandar Abbas branch.
Abstract
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.
Keywords
Continuity rule
Infectious diseases
Covid 19 virus
Precedence of Important over Important
Social Darwinism
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  • Receive Date 01 July 2022
  • Revise Date 01 September 2022
  • Accept Date 02 September 2022