Volume 4, Issue 14 (Autumn 2010)                   Medical Law Journal 2010, 4(14): 153-191 | Back to browse issues page

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Karimi N. Liability without fault coming from the Transformation of infected Blood. Medical Law Journal. 2010; 4 (14) :153-191
URL: http://ijmedicallaw.ir/article-1-480-en.html
Abstract:  

Blood transfusion centers objective is to prevent death that is risky too; because from one side it is about blood that can be infected with life threatening diseases at any time, and from the other side it deals with human body and health which is the most important asses of each individual. Therefore, it is a duty for blood transfusion centers to be equipped with latest technologies and equipments well as to have expert human resources. The governments should also support these centers with enough budget and regulations. Any default in blood transfusion procedure by the centers or by their staff can lead to incurable problems for the receiver/s on the one hand and can cause responsibility for the centers and their staff on the other hand, and should be remedied according to the Causality Principle (qāedeye Tasbib). In most cases either the default has not occurred, or if it has, it cannot be proven.

Consequently, according to the above principle we cannot blame anybody for the loss or damage and ask him or her to remedy it! But this is not fair and somebody should answer for that accident. We cannot rule out the responsibility of blood transfusion centers simply because one cannot prove their default in health risks customers/ victims are facing with or the illness or harm they are coping with. Islamic jurisprudence (Fiqh) has a solution for this؛ The Principle of Deception (qāedeye Ghoror) can cover these situations and provide support and remedy for the blood transfusion victims. Sick people who trust blood transfusion centers and refer to them with confidence to acquire needed blood and assistance are in fact deceived by their name and their adverts. This makes the situations ready to apply the above principle. By applying the Principle of Deception, the deceiver is responsible to compensate, fiscally and morally, the deceived.


Received: 2010/06/28 | Accepted: 2010/09/1

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