A Look at the Civil Responsibility of Doctors in Modern Biomedical Developments

Background and purpose: Medical civil liability is the responsibility of the doctor for the damages caused to the patient due to the performance of medical duties, and these damages, if the medical liability is based on the coercive theory; It is the responsibility of the patient or claimant to prove the fault, and if it is based on the contractual theory, the matter will be different depending on whether the doctor's obligation is the obligation to the result or the means. Today, with the new biomedical developments, including genetic therapy, embryo production technologies, and human cloning, the civil responsibility of doctors requires a new look. Therefore, the present article examines the civil responsibility of doctors in the modern developments of biomedicine.Research method: The current research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is in the form of libraries.Ethical considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.Findings: According to the new biomedical developments, it seems that the laws and regulations in the field of civil liability of doctors need to be revised. Because the damages caused by the performance of medical tasks in the application of human biotechnology, which are modern medicine and of a therapeutic type, including the new biomedical developments of genetic therapy, human reproduction technologies and pre-embryos and medical fertility in the field of human cloning and even stem cells, etc. is included Each of these cases of human biomedical technology leads to legal issues, including civil and criminal liability.Conclusion: The regulation of modern developments in biomedicine and human biotechnology lacks a policy and a coherent regulatory control framework, both judicially and substantively. In addition, it also leads to serious dilemmas in terms of medical ethics. Therefore, it is necessary for the legislator to create guidelines and laws for new developments in biomedicine and modern biotechnology and to foresee the special civil responsibility of doctors and, if necessary, criminal responsibility for such cases.

کلیدواژه ها:

Civil Liability ، Biomedicine ، Damage ، Fault ، Modern Medicine ، Human Biotechnology