Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 1291-1316 |
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Pourebrahim A, Kohani Khoshkbejari M, Haghighi Azgomi M. A Comprehensive Analysis of the Foundations, Challenges and Compensation Strategies for Damages Arising from
Contaminated Blood Transfusion. MLJ 2025; 19 (60) :1291-1316
URL: http://ijmedicallaw.ir/article-1-1963-en.html
URL: http://ijmedicallaw.ir/article-1-1963-en.html
1- Department of Law, Ra.C., Islamic Azad University, Rasht, Iran.
2- . Department of Law, Ra.C., Islamic Azad University, Rasht, Iran.
2- . Department of Law, Ra.C., Islamic Azad University, Rasht, Iran.
Abstract:
Background and Aim: Blood transfusion is one of the most vital medical interventions, playing a key role in the treatment of many diseases. However, despite scientific and regulatory advancements, blood transfusion has always been associated with the potential risk of transmitting pathogens. Civil liability arising from contaminated blood transfusion is considered one of the most complex and challenging legal issues in the field of health. Examining and analyzing the various dimensions of this issue, including its theoretical foundations and the governing principles of civil liability, the existing challenges in proving causation and determining the extent of damages and providing comprehensive solutions for compensating injured parties, can help improve the legal and supportive status of victims of contaminated blood transfusion in Iran.
Method: This research, using a descriptive-analytical method and relying on domestic and international legal sources, examines the foundations of liability and the challenges arising from contaminated blood transfusion and elucidates solutions for compensation. In this regard, first, the theoretical foundations of civil liability in this field are analyzed and then the various types of possible faults that can lead to civil liability are explained. Furthermore, the elements constituting civil liability in contaminated blood transfusion and how to prove them are examined in detail. In addition, different legal systems' approaches to this liability are introduced and compared.
Ethical Considerations: The principles of trustworthiness, honesty, impartiality and originality of work have been observed in this research.
Results: By examining the elements of civil liability in contaminated blood transfusion, analyzing possible faults in detail and considering the differences among various legal systems, significant results in this field can be achieved.
Conclusion: Considering the legal situation in Iran, solutions will be presented to strengthen legal and regulatory frameworks for the prevention and compensation of damages resulting from contaminated blood transfusion.
Please cite this article as:
Pourebrahim A, Kohani Khoshkbijari M, Haghighi Azgomi M. A Comprehensive Analysis of the Foundations, Challenges and Compensation Strategies for Damages Arising from Contaminated Blood Transfusion. Medical Law Journal. 2025; 19: e78.
Method: This research, using a descriptive-analytical method and relying on domestic and international legal sources, examines the foundations of liability and the challenges arising from contaminated blood transfusion and elucidates solutions for compensation. In this regard, first, the theoretical foundations of civil liability in this field are analyzed and then the various types of possible faults that can lead to civil liability are explained. Furthermore, the elements constituting civil liability in contaminated blood transfusion and how to prove them are examined in detail. In addition, different legal systems' approaches to this liability are introduced and compared.
Ethical Considerations: The principles of trustworthiness, honesty, impartiality and originality of work have been observed in this research.
Results: By examining the elements of civil liability in contaminated blood transfusion, analyzing possible faults in detail and considering the differences among various legal systems, significant results in this field can be achieved.
Conclusion: Considering the legal situation in Iran, solutions will be presented to strengthen legal and regulatory frameworks for the prevention and compensation of damages resulting from contaminated blood transfusion.
Please cite this article as:
Pourebrahim A, Kohani Khoshkbijari M, Haghighi Azgomi M. A Comprehensive Analysis of the Foundations, Challenges and Compensation Strategies for Damages Arising from Contaminated Blood Transfusion. Medical Law Journal. 2025; 19: e78.
Keywords: Civil Liability, Contaminated Blood Transfusion, Health, Fault, Damage, Causation, Blood Bank, Treatment Centers
Type of Study: Original Article |
Received: 2025/05/1 | Accepted: 2025/09/6
Received: 2025/05/1 | Accepted: 2025/09/6
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