The Foundations of Responsibility for the Production and Supply of Defective Medical Equipment in Iranian and EU Law

Today, with the advancement of technology and the growing need of communities for medical services, a huge amount of medical equipment and supplies are produced and made available to physicians and patients for use. Manufacturers and specialists always seek to provide the best and most standard medical products and equipment; nevertheless, the possibility of providing defective medical supplies and equipment is one of the undeniable issues. The use of defective equipment and supplies in some cases causes irreparable financial and physical damage to the final consumer and raises the question of to what extent the manufacturer or importer of such equipment will be responsible for compensation. In the European Union and in intra-continental law, the manufacturer and supplier of defective medical equipment have been explicitly held liable for damages resulting from the defects of the goods, and the injured party has been exempted from proving guilt in this regard. In Iranian law, the relevant laws are not specified in this regard. The Consumer Protection Act has not changed the basis of liability, but the Code of Conduct for Medical Equipment, based on developments in foreign law, provides for fault-free liability for manufacturers and importers of defective medical equipment. In this research, which has been done by the library method, we seek to investigate the principles and effects of creating liability without fault for the manufacturer and supplier of defective medical equipment.