Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 973-986 |
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Rahmani S. The Civil Responsibility of the Doctor in Gene Therapy of the Fetus. MLJ 2024; 18 (59) :973-986
URL: http://ijmedicallaw.ir/article-1-1772-en.html
URL: http://ijmedicallaw.ir/article-1-1772-en.html
Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: Due to the novelty of gene therapy technology, there is a possibility of error occurring during its use for the prevention and treatment of diseases. According to Hayman, the deletion of the present article is a review of the civil responsibility of the doctor in fetal gene therapy.
Method: The mentioned article is descriptive and analytical and the library method is used.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: According to the development stage of the fetus, the rulings on abortion in case of defects are different. According to the defects created in the human embryo, the effects of the doctor's error are different. In unknown defects, the discussion is about the doctor's guarantee or lack of guarantee and in known defects, because the guarantee is fixed, therefore, the effect of the doctor's error will be proportional to the committed error.
Conclusion: If the doctor's action is not due to error and fault; In this case, the doctor should not be held responsible, because currently the doctor is not at fault in this situation; that he can be held responsible. If the doctor's action is caused by an error; In this case, if the error is known; That is, if the defect appears in a short period of time, it can be said that the responsibility falls on the doctor, but if an error is made; from the doctor; be unknown; That is, after a long period of time, defects appear, in this case, the doctor cannot be held responsible, so that it can be said that the effects of responsibility are also directed at him.
Please cite this article as:
Rahmani S. The Civil Responsibility of the Doctor in Gene Therapy of the Fetus. Medical Law Journal. 2024; 18: e65.
Method: The mentioned article is descriptive and analytical and the library method is used.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: According to the development stage of the fetus, the rulings on abortion in case of defects are different. According to the defects created in the human embryo, the effects of the doctor's error are different. In unknown defects, the discussion is about the doctor's guarantee or lack of guarantee and in known defects, because the guarantee is fixed, therefore, the effect of the doctor's error will be proportional to the committed error.
Conclusion: If the doctor's action is not due to error and fault; In this case, the doctor should not be held responsible, because currently the doctor is not at fault in this situation; that he can be held responsible. If the doctor's action is caused by an error; In this case, if the error is known; That is, if the defect appears in a short period of time, it can be said that the responsibility falls on the doctor, but if an error is made; from the doctor; be unknown; That is, after a long period of time, defects appear, in this case, the doctor cannot be held responsible, so that it can be said that the effects of responsibility are also directed at him.
Please cite this article as:
Rahmani S. The Civil Responsibility of the Doctor in Gene Therapy of the Fetus. Medical Law Journal. 2024; 18: e65.
Type of Study: Original Article |
Received: 2024/01/16 | Accepted: 2025/02/2
Received: 2024/01/16 | Accepted: 2025/02/2
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