نوع مقاله : پژوهشی
استادیار، گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، واحد تهران جنوب، دانشگاه آزاد اسلامی، تهران، ایران.
عنوان مقاله [English]
The responsibilities of medical professionals, including physicians and nurses, have long been disputed in the opinions of jurists and lawyers. In this process, considering the special nature of blood as a part of the body on the one hand and the complexity of the physician's responsibility on the other hand, according to different opinions in this regard, the physician's responsibility is important in this process. The main obligations of a physician are the same in the presence or absence of a contract, because human life and physical health are protected by law and are a rule and part of public order, and even with a contract between physician and patient, can not damage to the life of individuals or their physical health.. In jurisprudence, the no-harm rule implies the need to provide compensation for loss, whether this loss is due to non-performance of the contract or due to coercive guarantee. In blood transfusion medicine, the contract for providing blood transfusion services, like any other contract, has conditions and the nature of obligations in the blood transfusion process is the opposite of medical obligations. Also, the development of equipment and tests to detect infected blood is a commitment to the result, unless the contamination of the blood is caused by new microbes that have caused emerging diseases.