مجله علمی پژوهشی سازمان نظام پزشکی
Volume 36, Issue 2 (2019)                   jmciri 2019, 36(2): 74-82 | Back to browse issues page

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Parsa E, Abbasi M. Conditions for the Liability of Negligence in Prenatal Diagnosis and How to Compensate by Complying with UK Law. jmciri 2019; 36 (2) :74-82
URL: http://jmciri.ir/article-1-2836-en.html
Abstract:   (2917 Views)
One of the technologies of genetic science is prenatal diagnostic testing. Parents are trying to use their prenatal diagnostic tests to use their legal right about abortion of disabled embryo that is prescribed in Iran according to the Medical Abortion Act in 2005 and in England according to the congenital disabilities Act 1976.
In this paper, library resources and internet searches were used in order to take advantage of domestic resources and English articles that were difficult or impossible to access from a library. Related materials were collected from various sources and then written by analyzing the content based on the domestic law doctrine and the English legal system.
If the physician does not consider the parents' decision to have an abortion of disabled embryo when the conditions are met and the harm that occurs when the child is disabled, the parents can claim the damage.
In the UK legal system, according to the fulfillment of civil liability and based on the theory of fault, parents and disabled children can claim additional expenses from the birth of the disabled child. In the legal system of Iran, it is not justified to pay compensation based on Diyah and Arsh, but it is more rational to pay a pension against Diyah and Arsh. However, it seems that there should be a special system of compensation for the lost person.
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Type of Study: Research | Subject: General

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