Volume 11, Issue 41 (Summer 2017)                   Iran J Med Law 2017, 11(41): 97-117 | Back to browse issues page

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Parsa E, Abbasi M, Karimi A, Rahmani Manshadi H, Jafari M H. Analysis of Tort Law of Genetic Counselor in Negligent Prenatal Diagnosis. Iran J Med Law. 2017; 11 (41) :97-117
URL: http://ijmedicallaw.ir/article-1-740-en.html
1- PhD Candidate in Private Law, Department of Law, Yazd Branch of Islamic Azad University, Yazd, Iran
2- Associate Professor, Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences and Health Services, Tehran, Iran. (Corresponding author)
3- Professor, Faculty of Law and Political Science, Tehran University, Tehran, Iran
4- Assistant Professor, Department of Law, Yazd University, Yazd, Iran
5- Assistant Professor, Department of Law, Yazd Branch of Islamic Azad University, Yazd, Iran
Abstract:  
Genetic technology in the field of medical science has been one of the great revolutions which it is in progress in molecular and cellular biology and the human genome project. The progress in genetic testing gives people the authority to prevent that certain diseases and also prevent the birth of children with rare genetic disorders. With the advancement of the science, genetic counselors are required to provide new information about the diseases for Visitors to be Responsible in case of violation of this duty.
This article is presented at the International Conference on Medical Law (Genetic Law), is a retrospective study based on extensive literature survey, translated articles, theses and benefiting from the experiences of other countries. Findings indicate that when a genetic counselor provides counseling services, it is legally required to take into account the interests of the client and take care of him and respond to his expectations. A counselor who disregards the client and does not take the necessary care is legally responsible. Most cases of professional failure are the result of neglect. Some person believe that a genetic counselor is not the guarantor of damages to parents and children with disabilities, but according to the studies conducted it is far from fair that if all the components of the guaranty (fault, harm, the causal relationship between the harm done and The fault) of the genetic counsel is clear of responsibility. Therefore, parents and children with disabilities can file lawsuits in accordance with the rules tort law in the form of wrongful birth and wrongful life caused in court of general jurisdiction or court of Police Prosecutor, and claim damages or filing a lawsuit. The results showed that proof of guilt about the genetic counselor is different from other risk factors. So, the Commitment to accurate information for the genetic counselor causes the claim for a patient if that is proved to have genetic counselor. Then, genetic counselor in relation to the information obligation is claimed and the issue that the necessary information is given to the patient is a claim that should be proven by the counselor. In addition to the discussion about who can claim special features. Parents can claim arising wrongful birth and recovery all extraordinary damages to maturity. As well as the child can be claim for wrongful life and recovery only costs after maturity. It is necessary that The Courts determine the money as compensation in the form blood money or a penalty for certain wound Because of inability to determine the future losses and continuation of their bitter effects, the courts determine a pension for the future of the child with disabilities.

Please cite this article as: Parsa E, Abbasi M, Karimi A, Rahmani Manshadi H, Jafari MH. Analysis of Tort Law of Genetic Counselor in Negligent Prenatal Diagnosis. Iran J Med Law 2017; 11(41): 97-117.
 
Type of Study: Original Article |
Received: 2017/09/10 | Accepted: 2017/09/10

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