Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 736-749 |
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Emadi Z, Amerinia M B, Pourjavari A. Pathology of the Legal Regime Governing Medical Contracts Relying on Treatment through Stem Cells. MLJ 2023; 17 (58) :736-749
URL: http://ijmedicallaw.ir/article-1-1692-en.html
URL: http://ijmedicallaw.ir/article-1-1692-en.html
1- PhD Student, Department of Private Law, Khuzestan Science and Research Campus, Islamic Azad University, Ahvaz, Iran. 2. PhD Student, Private Law Department, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.
2- Associate Professor, Department of Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran
3- Assistant Professor, Department of Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran.
2- Associate Professor, Department of Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran
3- Assistant Professor, Department of Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran.
Abstract:
Background and Aim: The discovery of stem cell and then the efficiency of its use in the treatment of incurable patients has caused a wave of public favor towards it. Parallel to the scientific research about this amazing phenomenon and the scientific discourse about it among the medical community, the legal community has also reacted to it. They consider the cells to be free of defects and fundamental problems and rather a desirable thing, but some others, with a deeper legal perspective, see the treatment contracts through said cells as facing challenges. The high risk of the treatment in question, which causes the related contract to be invalidated, the possibility of irreparable physical damage, which makes it a loss. Doubts related to the realization of consent in patients, legal problems of obtaining acquittal from the patient and the unknown aspects of the discussed treatment are among its challenging issues. In terms of its dominant and useful aspects, these contracts can finally solve the mentioned challenges. Most of the studies conducted on stem cells are medical research. The aim of the current research is to get to know the issues that can legally challenge the treatment contracts related to it. As well as having a brief look at the value of these challenges.
Methods: This article employs a descriptive-analytical approach, relying on library research, to identify and analyze the primary legal challenges associated with stem cell research. Additionally, it provides a brief introduction to stem cells and their applications in treatment.
Ethical Considerations: In this research, the authors have considered themselves committed to complying with the ethical principles related to scientific research and in this regard, they have been extremely careful to pay attention to the originality of cited texts, respect the rights of authors, trustworthiness and honesty in quoting materials.
Results: Treatment contracts have become an essential requirement for the general population, highlighting the need to examine them from a legal perspective. Consequently, varying degrees of attention have been devoted to this area. While these contracts may not be completely immune to legal challenges, a thorough examination reveals their potential legal validity and defensibility.
Conclusion: Treatment contracts have been accepted as an inevitable necessity among the masses of people. This has made it necessary to look at it from a legal point of view and therefore more or less attention has been paid to it. It seems that the contracts in question are not immune from legal challenges, but a closer look finally makes them legally defensible. Treatment contracts, including the contractual relationship of the patient or the cell donor with the treatment or research institute or with other agents and intermediaries, from the point of view of traditional legal foundations, have challenges such as risk-taking, greed, transactional ignorance; ambiguity in the validity of contractual consent, the issue of acquittal from responsibility is faced. A relative look at the concepts of risk, ignorance, etc. is one of the ways to get rid of these challenges
Please cite this article as:
Emadi Z, Amerinia MB, Pourjavari A. Pathology of the Legal Regime Governing Medical Contracts Relying on Treatment through Stem Cells. Medical Law Journal. 2023; 17(58): e50.
Methods: This article employs a descriptive-analytical approach, relying on library research, to identify and analyze the primary legal challenges associated with stem cell research. Additionally, it provides a brief introduction to stem cells and their applications in treatment.
Ethical Considerations: In this research, the authors have considered themselves committed to complying with the ethical principles related to scientific research and in this regard, they have been extremely careful to pay attention to the originality of cited texts, respect the rights of authors, trustworthiness and honesty in quoting materials.
Results: Treatment contracts have become an essential requirement for the general population, highlighting the need to examine them from a legal perspective. Consequently, varying degrees of attention have been devoted to this area. While these contracts may not be completely immune to legal challenges, a thorough examination reveals their potential legal validity and defensibility.
Conclusion: Treatment contracts have been accepted as an inevitable necessity among the masses of people. This has made it necessary to look at it from a legal point of view and therefore more or less attention has been paid to it. It seems that the contracts in question are not immune from legal challenges, but a closer look finally makes them legally defensible. Treatment contracts, including the contractual relationship of the patient or the cell donor with the treatment or research institute or with other agents and intermediaries, from the point of view of traditional legal foundations, have challenges such as risk-taking, greed, transactional ignorance; ambiguity in the validity of contractual consent, the issue of acquittal from responsibility is faced. A relative look at the concepts of risk, ignorance, etc. is one of the ways to get rid of these challenges
Please cite this article as:
Emadi Z, Amerinia MB, Pourjavari A. Pathology of the Legal Regime Governing Medical Contracts Relying on Treatment through Stem Cells. Medical Law Journal. 2023; 17(58): e50.
Type of Study: Original Article |
Received: 2023/05/7 | Accepted: 2023/08/21
Received: 2023/05/7 | Accepted: 2023/08/21
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