Civil Liability Arising from Rejection of Transplanted Organ

The rejection or rebuff of transplanted organs refers to the case in which the immune system of the recipient's body repels the transplanted organ. The prevention and reduction of such repulsions are the main concern of transplant surgeons and recipients. Liabilities associated with repulsion and its side-effects have a contractual nature; also, unlike other surgery-related liabilities, here there are two contracts, namely, ‘Organ Donation Contract between the Donor and Recipient’ and ‘Treatment Contract’. If rejection is due to the malfunction of the donated organ, of which the donor was aware, it is ascribed to the ill-will of the donor, and he is held liable for the side-effects as stated in the terms of ‘The Implied Flawlessness of the Transplanted Organ’. As for ‘Treatment Contract’, liability associated with organ rejection follows the general principles legislated in ‘The New Laws of Islamic Penalization,’ passed in 2013. It implies that the surgeon and factors causing rejection are held liable and are required to make amends for any adverse consequences. Usually, according to Beneficence Rule, the donor and the heirs of a recipient who is brain-dead are immune from liability or responsibilities regarding the side-effects of transplantation. Also, no liability is considered for a recipient who is proved to be the reason for organ rejection. The annulment of the main purpose of transplantation and ensuing disputes and law cases deserves a thorough analysis. The researchers intend to conduct a survey about the abovementioned issues in the Contemporary Iranian Medical Laws.