Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 380-395 |
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Rahmani Manshadi H. Compensation for Damage Resulting from Scientific Research; Foundations and Structures. MLJ 2022; 16 (57) :380-395
URL: http://ijmedicallaw.ir/article-1-1362-en.html
URL: http://ijmedicallaw.ir/article-1-1362-en.html
Department of Law, Political Sciences and History, Yazd University, Yazd, Iran
Abstract:
Background and Aim: Scientific research refers to those researches that are conducted without the intention of treatment and with the aim of developing biosciences or knowing the effects of new food and health products on human subjects. Therefore, due to the lack of treatment intention, the civil liability arising from it cannot be compare by therapeutic measures.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: In advanced countries, to encourage participants in scientific research, special insurance coverage is used to compensate the subject's damage, and in cases where scientific research is conducted by government institutions, the human subject's damage is compensated from the research budget of the same institution.
Conclusion: It became clear that the traditional principles and systems of compensation, such as the Doctrine of fault and the theory of creating risk, in practice either cause the failure of the subject to be fully compensated or may be considered an obstacle to scientific research, so it is best that other structures to guarantee The compensation of human subjects should be used in scientific research, which according to the discussions, payment of the subject's damages from the budget of the same research in practice leads to the development of scientific research, and the traditional compensation systems are not effective in compensating the damages caused by scientific research.
Please cite this article as:
Rahmani Manshadi H.Compensation for Damage Resulting from Scientific Research; Foundations and Structures. Medical Law Journal. 2022; 16(57): e26.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: In advanced countries, to encourage participants in scientific research, special insurance coverage is used to compensate the subject's damage, and in cases where scientific research is conducted by government institutions, the human subject's damage is compensated from the research budget of the same institution.
Conclusion: It became clear that the traditional principles and systems of compensation, such as the Doctrine of fault and the theory of creating risk, in practice either cause the failure of the subject to be fully compensated or may be considered an obstacle to scientific research, so it is best that other structures to guarantee The compensation of human subjects should be used in scientific research, which according to the discussions, payment of the subject's damages from the budget of the same research in practice leads to the development of scientific research, and the traditional compensation systems are not effective in compensating the damages caused by scientific research.
Please cite this article as:
Rahmani Manshadi H.Compensation for Damage Resulting from Scientific Research; Foundations and Structures. Medical Law Journal. 2022; 16(57): e26.
Type of Study: Original Article |
Received: 2021/07/9 | Accepted: 2022/08/27
Received: 2021/07/9 | Accepted: 2022/08/27
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