How to Compensate the Damages Arising from a Contaminated Blood Transfusion in the Legal Systems of Iran and Europe


  •  Zahra Esmaeilpour    

Abstract

At the end of the last century, transmission of viral diseases such as AIDS and HIV through blood transfusions to patients with ‘‘Hemophiliacs’’, to kick up a row the discussion about civil liability arising from contaminated blood transfusion in the case called ‘‘Hemophiliacs’’ end trying to get it drew Hemophiliacs material and moral damage prompted the judiciary . Among the many factors blood transfusion process are involved the responsibility of each of them is subject to certain regulation.

For example blood centers, hospitals, doctors, nurse who transfuse the infected blood and resulting that injured party forced to use the infected blood and at the end state because of providing and distribution of blood as a public service. Blood center has a safety commitment and mast distribute a blood to be free of and implication. So they are responsible. Just with transfusion unless they reveal other factors and causes in fact in this case, the most important issue is the way of compensation of injured parties. So not only material remedies resulting transfusion of infected blood is indemnify. But in this point view that no damages should not be remain compensation. In addition moral damages and ……..

So because of importance of the subject and importance of the compensation of injured parties, it’s essential to base on…. Theory, implication absolute liability and objective liability for state with assuming the direct role of the state in the management of medical procedures in public hospitals. And the possibility of the direct role of the state in their affliction and regarding the role of the state in public health.


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