Responsibility for the transmission of disease through transplantation in Iran

Organ transplants today are commonly used to treat many diseases, in which the body or part of the body is detached from the body and into another body. The possibility of transplanting dangerous diseases as a result of the transplantation has raised the issue of legal effects, and in particular the civil liability caused by it. Whenever after organ transplantation, the signs and symptoms of the disease (such as cancer, AIDS, hepatitis, or ...), which can be transmitted through the transplant, are uncovered and proved that a cause other than the connective tissue has been the cause, By denying other things, it is assumed that the transplanted organ has been the cause of the disease. In the course of organ transplantation, there are several factors that may be responsible: the recipient or recipient of the organ, the transplant therapist, the transplant team, and the state, in view of the fact that the transplant and organ transplantation are performed in the associated university medical centers Take up However, at present, there is no specific rule to compensate those who suffer from organ transplantation, and the traditional rules of civil liability, due to the impossibility of proving some of their pillars and conditions, especially the causal relationship, are sufficiently adequate , To compensate for such damage; therefore, with a special statutory system, a special system should be established to compensate for the damage caused by the organ transplant. Such a system has been accepted in some advanced world countries.