Civil Liability Arising from Health and Medical Research

Abstract

Background: In, health in addition to promoting medical knowledge, it aims to diagnose or treat diseases. According to ethical and legal principles, the damage to the patient in the process of health research must be fully compensated.

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.

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 medical research.

Conclusion: There are drawbacks to filing a civil liability lawsuit for injuries caused by medical research; this is because it either leads to incomplete compensation or is an obstacle to medical 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.