{"title":"伊朗民事责任法律制度中的器官移植排斥","authors":"E. R. Chelkasari, Saeid Khafi","doi":"10.22037/BHL.V1I2.17926","DOIUrl":null,"url":null,"abstract":"Background and Aim : Rejection of transplanted organ refers to a phenomenon where the immune system of the recipient body refuses to accept the transplanted organ. This review is conducted to identify the liability of the health staff in complications of organ transplantation process and in particular, the role of donor and recipient in the liability arising from it. Materials and Methods : In the present review, utilizing the keywords of organ transplantation, civil liability, and rejection in databases of Magiran, Google, SID, the related articles are studied and analyzed. Ethical Considerations : Honesty in the literature and citation analysis and reporting were considered. Findings : The liability arising from rejection and other complications of transplantation, has usually a contractual figure, and unlike other medical responsibilities, it has a feature that there are two contracts of \"transfer of organ between donor and recipient\" and \"therapy contract\" behind it. In cases where transplant rejection is caused by a defect in the transplanted organ and the donor is aware of it, transplant rejection is attributed to the recipient with no goodwill; with violation of \"implied term of the transplanted organ health\" in the contract between the donor and recipient, his liability is the case. Therapy contract follows the general rule enacted by the new Islamic Penal Code adopted in 2013, and the doctor and other factors caused transplant rejection, in case of fault, are responsible for compensation for the damages to the transplanted organ recipient. Conclusion : In principle, donor and devisees of a person who is brain dead, in many cases, are exempt from the liability arising from transplant rejection or other complications, according to benefaction rule, and in cases where transplant rejection is attributed to the recipient, he/she is exempt from compensation. Citation: Rostami Chelkasari E, Khafi S. Rejection of Transplanted Organ in The Legal System of Civil Liability in Iran. Bioeth Health Law J. 2017; 1(2):23-32.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"23-32"},"PeriodicalIF":0.0000,"publicationDate":"2017-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Rejection of Transplanted Organ in the Legal System of Civil Liability in Iran\",\"authors\":\"E. R. Chelkasari, Saeid Khafi\",\"doi\":\"10.22037/BHL.V1I2.17926\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Background and Aim : Rejection of transplanted organ refers to a phenomenon where the immune system of the recipient body refuses to accept the transplanted organ. This review is conducted to identify the liability of the health staff in complications of organ transplantation process and in particular, the role of donor and recipient in the liability arising from it. Materials and Methods : In the present review, utilizing the keywords of organ transplantation, civil liability, and rejection in databases of Magiran, Google, SID, the related articles are studied and analyzed. Ethical Considerations : Honesty in the literature and citation analysis and reporting were considered. Findings : The liability arising from rejection and other complications of transplantation, has usually a contractual figure, and unlike other medical responsibilities, it has a feature that there are two contracts of \\\"transfer of organ between donor and recipient\\\" and \\\"therapy contract\\\" behind it. In cases where transplant rejection is caused by a defect in the transplanted organ and the donor is aware of it, transplant rejection is attributed to the recipient with no goodwill; with violation of \\\"implied term of the transplanted organ health\\\" in the contract between the donor and recipient, his liability is the case. Therapy contract follows the general rule enacted by the new Islamic Penal Code adopted in 2013, and the doctor and other factors caused transplant rejection, in case of fault, are responsible for compensation for the damages to the transplanted organ recipient. Conclusion : In principle, donor and devisees of a person who is brain dead, in many cases, are exempt from the liability arising from transplant rejection or other complications, according to benefaction rule, and in cases where transplant rejection is attributed to the recipient, he/she is exempt from compensation. Citation: Rostami Chelkasari E, Khafi S. Rejection of Transplanted Organ in The Legal System of Civil Liability in Iran. 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引用次数: 0
摘要
背景与目的:器官移植排斥是指受者机体免疫系统拒绝接受移植器官的现象。这项审查是为了确定卫生人员在器官移植过程并发症中的责任,特别是供体和受体在由此产生的责任中的作用。材料与方法:本文利用Magiran、谷歌、SID数据库中的器官移植、民事责任、排斥反应等关键词,对相关文献进行研究与分析。伦理考虑:在文献和引用分析和报告的诚实考虑。结果:排斥反应及其他移植并发症引起的责任,通常具有契约性,与其他医疗责任不同,其背后有“供受者器官转移”和“治疗合同”两份合同的特点。移植排斥是由于移植器官有缺陷而供体知道的,移植排斥是由于受者没有善意造成的;违反了供体与受体合同中“移植器官健康的默示条款”,其责任成立。治疗合同遵循2013年通过的新伊斯兰刑法典颁布的一般规则,医生和其他因素造成的移植排斥,如有过错,对移植器官接受者的损害负责赔偿。结论:原则上,根据受赠规则,脑死亡人的供体和遗赠人在很多情况下可以免除因移植排斥反应或其他并发症引起的责任,如果移植排斥反应是由受者引起的,则可以免除赔偿。引用本文:Rostami Chelkasari E, Khafi S.伊朗民事责任法律制度中的器官移植排斥。生物健康法学[j];1(2): 23-32。
Rejection of Transplanted Organ in the Legal System of Civil Liability in Iran
Background and Aim : Rejection of transplanted organ refers to a phenomenon where the immune system of the recipient body refuses to accept the transplanted organ. This review is conducted to identify the liability of the health staff in complications of organ transplantation process and in particular, the role of donor and recipient in the liability arising from it. Materials and Methods : In the present review, utilizing the keywords of organ transplantation, civil liability, and rejection in databases of Magiran, Google, SID, the related articles are studied and analyzed. Ethical Considerations : Honesty in the literature and citation analysis and reporting were considered. Findings : The liability arising from rejection and other complications of transplantation, has usually a contractual figure, and unlike other medical responsibilities, it has a feature that there are two contracts of "transfer of organ between donor and recipient" and "therapy contract" behind it. In cases where transplant rejection is caused by a defect in the transplanted organ and the donor is aware of it, transplant rejection is attributed to the recipient with no goodwill; with violation of "implied term of the transplanted organ health" in the contract between the donor and recipient, his liability is the case. Therapy contract follows the general rule enacted by the new Islamic Penal Code adopted in 2013, and the doctor and other factors caused transplant rejection, in case of fault, are responsible for compensation for the damages to the transplanted organ recipient. Conclusion : In principle, donor and devisees of a person who is brain dead, in many cases, are exempt from the liability arising from transplant rejection or other complications, according to benefaction rule, and in cases where transplant rejection is attributed to the recipient, he/she is exempt from compensation. Citation: Rostami Chelkasari E, Khafi S. Rejection of Transplanted Organ in The Legal System of Civil Liability in Iran. Bioeth Health Law J. 2017; 1(2):23-32.