Jurisprudence

Jurisprudence

Claiming moral damages resulting from mistakes in medical reproduction with look at judicial practice in Iran

Document Type : Original Article

Authors
1 Associate Professor, Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran
2 Judge, PhD in Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran
Abstract
It is possible for errors to occur in the infertility treatment process in the laboratory environment and by the medical team. The degree of errors impact also varies, and some errors endanger the life and health of the fetus or the donor or both. in other words, they are important and fundamental errors, and some errors can be ignored. in the event of damage, the compensation system can be applied; while the claim for moral damages in some instances that lead to unintentional injuries that require blood money to the life and health of the donor, fetus or child is faced with doubts.whether it is possible to claim moral damages resulting from errors in medical fertilization is a matter of reflection.The legislative approach in the Civil Liability Law is to allow for moral damages; However,Note 2 of Article 14 of the Criminal Procedure Code prevents the claim of moral damages, and the occurrence of a mistake, if it leads to the payment of blood money, makes the possibility of claiming moral damages. Judicial practice also currently doesnot consider possibility of claiming moral damages resulting from unintentional bodily injuries; unless moral damages are claimed under material-physical losses and damages. With regard to descriptive-analytical and the library method,the approach of legal-judicial system regarding the claiming moral damages and the methods of claiming them in medical reproduction in the event of a mistake has been examined.Claiming moral damages is possible as compensation for material damage in the general sense and in the form of cash or property, as well as psychological support such as psychoanalysis.In addition, it is necessary to amend Note 2 of Article 14 of the Criminal Procedure Code.The provision of a fund to provide for damages,resulting from medical accidents also seems to be desirable solution.
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  • Receive Date 17 February 2025
  • Revise Date 18 July 2025
  • Accept Date 14 July 2025