Legal Principles Governing the Production and Distribution of Blood

Abstract

Use of blood and its derivatives has a special place in ensuring the health of citizens. In recent years, due to risk of transfusion-transmitted infections, followed by risk of serious and incurable diseases such as for people in need AIDS, hepatitis B, C and etc., consumers have been prompted to refer to the courts for litigation and justice. It should be noted that the state, as an exercise of sovereignty and trustee of the exclusive production and distribution of blood products, produce commodities with inevitable insecurity. In this regard, it must observe safety obligations and provide information and warnings to the public in relation to the delayed complications of transfusion medicine. According to existing laws, law doctrine, and judicial procedures, Blood Transfusion Organization and the Center for Blood Research and Fractionation are working under the supervision of the Ministry of Health and Medical Education. In the case of failure tocompliance with the obligations, the state is obliged to compensate the physical, moral, and material damages to victims despite the governmental nature of action, article 11 of the law of civil liability, and in relation to the State Immunity to compensate for the loss of the exercise of sovereignty. Thus, it is possible to execute justice for these people through the legal courts based on the inherent competence of the courts in form of complaint according to additional and exceptional competence of criminal authorities.