Abstract
<p>Use of blood and its derivatives has a special place in ensuring the health of citizens. In recent years, due to risk of transfusion-transmitted infections, followed by risk of serious and incurable diseases such as for people in need AIDS, hepatitis B, C and etc., consumers have been prompted to refer to the courts for litigation and justice. It should be noted that the state, as an exercise of sovereignty and trustee of the exclusive production and distribution of blood products, produce commodities with inevitable insecurity. In this regard, it must observe safety obligations and provide information and warnings to the public in relation to the delayed complications of transfusion medicine. According to existing laws, law doctrine, and judicial procedures, Blood Transfusion Organization and the Center for Blood Research and Fractionation are working under the supervision of the Ministry of Health and Medical Education. In the case of failure tocompliance with the obligations, the state is obliged to compensate the physical, moral, and material damages to victims despite the governmental nature of action, article 11 of the law of civil liability, and in relation to the State Immunity to compensate for the loss of the exercise of sovereignty. Thus, it is possible to execute justice for these people through the legal courts based on the inherent competence of the courts in form of complaint according to additional and exceptional competence of criminal authorities.</p>
Highlights
In the distant past, especially among Arabs and in the days of ignorance, there was no co mmon way to use blood except drin king
Very heavy damages and losses caused to the the aggrieved person leads to deep and unbroken connection between med ical medicine and law because law has the duty to retell the e le ments of civil liability through laws, rules and princip les and to announce the ways to compensate for losses imposed on the aggrieved person
According to the importance of preserving human life, in order to provide health and the interests of society, production and distribution of blood products are in the exclusive jurisdiction of the Blood Transfusion Organizat ion and the Min istry of Health as the highest and the only source of blood supply according to the constitution and other laws
Summary
Especially among Arabs and in the days of ignorance, there was no co mmon way to use blood except drin king. We have witnessed dramatic imp rovements in the supply of blood products in the past few decades, contamination and viral diseases caused by products as well as the number of at risk cit izens have been so prevalent that life and human health is constantly at risk In this regard, the state has taken some measures to interfere and control the production and distribution of blood products. There is no doubt that a state can have the right and obligation due to civic responsibility as a legal entity of public law like natural persons With these lines, the objectives of this research are: (1) exp lain ing the basis of non -contractual liab ility of the state in the production and distribution of blood products; (2) explaining the need to co mpensate for individuals who are suffering fro m viral diseases because of blood transfusion
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