Volume 8, Issue 30 (Autumn 2014)                   MLJ 2014, 8(30): 147-181 | Back to browse issues page

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Kazemi M, Roshan M, Roozbehani S. Civil liability of moral damage caused by AIDS and hepatitis which are transmitted by infected blood through, looking at the case called hemophilia. MLJ. 2014; 8 (30) :147-181
URL: http://ijmedicallaw.ir/article-1-254-en.html

One of the pillars of civil liability is damage. Damage is divided into two categories: material damage and spiritual damage. Spiritual damage has been paid less attention than material damage and there are some disagreements as to eligibility to indemnify it. But sometimes the spiritual damage to a person who suffers loss is so severe that law science cannot be indifferent and the material compensation of at least part of it sounds essential. In the case called hemophilia, a number of compatriots claimed that after receiving blood and other blood products they got infected with AIDS or types of hepatitis, and in some cases both of them. These diseases have a profound negative impact on lives of infected people and part of this impact is spiritual damage caused by these diseases. From a medical standpoint there are several possible ways to get sick. But according to the common point of plaintiffs in receiving blood products from defendants, the weakness of other ways for transmission of diseases except for blood transfusion, the use of judicial circumstances evidence and proof by elimination, it is possible to determine common causation relation among blood transfusion, being infected and consequently the spiritual damage.

Type of Study: Review Article |
Received: 2014/04/25 | Accepted: 2014/08/13

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