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Civil Liability Arising from Therapeutic Research
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Ali Akbar Jafari Nadoushan *1    , Hamid Rahmani manshadi1 |
| 1- Department of Law, Faculty of Law, Political Sciences and History, Yazd University, Yazd, Iran. |
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Abstract: (235 Views) |
Background and Aim: In the last century, the increasing pace of medical progress is Indebted to the research done on living creatures, humans and its surroundings. Therapeutic researches play a significant role here because the goal of this research in addition to the promotion of medical knowledge is diagnosis or treatment of human subject. According to the ethical and legal foundations of subject matter, it’s easy to understand that damages to the patient in the process of medical research should be fully compensated. The basis of this theory is the moral obligation of society is to pay compensation for losses and damages arising from research, because ultimately the community as a whole has benefited from the research results of medical and scientific research. As a result, legal protection for obligatory insurance for medical research participant is necessary. Also a compensation fund for medical research should be established by States. Legislature should enact a comprehensive legislation on medical research to overcome the ambiguity in claims for damages arising from the clinical research.
Methods: In this research, the issued verdicts and the existing judicial procedures in legal cases in judicial and quasi -judicial authorities were analyzed in order to formulate the necessary legal theories with regard to the jurisprudential and legal basis of civil liability of researchers and scientific centers. To achieve results, it has been tried to avoid any violation of human rights without hindering the process of scientific research.
Ethical Considerations: In the current research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.
Results: The basis of this view is moral and legal commitment of society to compensate for injuries caused by research, because ultimately, it is society that benefits from the results of medical and scientific research. As a result, it is better to provide legal support for the need to insure patients in medical research and to allocate special funds for damages resulting from Therapeutic research.
Conclusion: There are drawbacks to filing a civil liability lawsuit for injuries caused by Therapeutic research; this is because it either leads to incomplete compensation or is an obstacle to Therapeutic research and medical researchers. Assuming the sole responsibility of research centers to create such liability insurance, legislators should enact comprehensive laws to resolve the existing ambiguities regarding the claim for injuries.
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| Keywords: Civil Liability, Redress, Biomedical Research, Human Subject Research, Therapeutic Research |
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Full-Text [PDF 700 kb]
(171 Downloads)
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Type of Study: Original Article |
Received: 2024/06/9 | Accepted: 2024/10/21 | Published: 2024/12/30
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