Civil accountability resulting from the cultivation and transplantation of body organs in the laws of Iran, Egypt and Afghanistan

Abstract

In the process of organ transplantation, several factors are involved, any of which may cause civil accountability: the organ donor, the recipient, or the transplant medical centers. Currently, there is no special law for compensating people who suffer through organ transplantation, and the traditional law of civil accountability is not capable of proving some of the elements and conditions, especially the relationship of causation. Therefore, a special system should be created to compensate for the damages caused by organ transplantation by establishing a special law. According to the results of this research, those who may be held responsible for causing damage include doctors, medical groups, laboratories, hospitals, and other persons who caused the damage. If the fault of any person is proven, it is obvious that compensation for the damage is the responsibility of the person causing the damage, provided that other conditions are met. It seems that the basis of civil accountability in the transfer and handling of body parts follows the theory of fault.