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How to Compensate Damages in the Legal Liability Caused by Blood Transfusion by Applying to the Legal System of France and Algeria
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Ahmad Ommi *1    , Hanieh Mahmoudzadeh |
| 1- Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran. |
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Abstract: (252 Views) |
Background and Aim: Blood is vital for the continuation of human life and no substitute has been found for it, so in many diseases there is blood transfusion which is the treatment and the patient's goal for accepting blood transfusion is to improve his condition and at least It is expected that if there is no recovery and treatment, blood transfusion medicine will not add pain to his pain, therefore, the person responsible or persons responsible for harming the patient in this process should be identified and the damage caused to the patient should be compensated.
Methods: This research has been written using jurisprudence and legal sources in a comparative-analytical method and from library sources.
Ethical Considerations: In the current research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.
Results: At first, it may seem that in order to hold the owners of medical professions responsible in the field of blood transfusion, the elements of responsibility, i.e. medical malpractice and error, realization of damage and loss, causality relationship between their damage and error and the existence of fault must be established, but it is very difficult to establish the causality relationship in the case of losses caused by blood transfusion due to the presence of various factors that cause contamination, therefore, in almost all cases of contaminated blood transfusion, either no fault has been committed or if there is a fault, it is not possible to prove it.
Conclusion: The need to eliminate the root of the harm and return the patient to the state before the disease worsened or to reduce his pain, first of all, the patient who has developed a new complication due to the transfusion of contaminated blood, with legal and medical support as much as possible, should be returned to the original state. It should come back before the new complication and the injuries and progress of the complication should be prevented in some way. In other words, both subsequent and previous injuries should be compensated and the minimum costs of treatment and return to the mentioned condition should be paid and compensated in a conventional way. |
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| Keywords: Blood, Blood Transfusion, Mechanism, Responsibility, Compensation |
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Full-Text [PDF 541 kb]
(137 Downloads)
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Type of Study: Original Article |
Received: 2024/04/9 | Accepted: 2024/08/7 | Published: 2024/10/16
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