Responsibility of Medical Team towards Human Embryo Cloning
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Masoumeh Alidoosti 1, Fardin Mardani2 |
1- Islamic Azad University , mailto:alidoosti_m@yahoo.com 2- Research Center of Forensic Medicine Organization |
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Abstract: (8715 Views) |
Human cloning is one of the latest issues in genetic engineering whose
application for human being, due to
emergence of new thoughts, has caused a big arena of conflict and disagreement.
The only rules about the physician’s responsibility for the implementation of
human cloning technology are paragraph (3) of Act 158 of the Islamic Penal Code
adopted in 1392, the civil law, and the law of civil liability. Through
reviewing these it can be concluded that unlike therapeutic cloning,
reproductive human cloning is not considered a legal act due to the Jurists’s votes on the uncertainty of technical security and
in some cases probable loss of the infant and the mother, and the patient’s
consent does not remove the physician’s
liability. Since for the physician’s liability the three elements - medical
error, the existence harmful act, and the relationship between these two – are
needed and all three are present in human cloning, the physician has both civil
and criminal liability. Moreover, since genes play an important part in
emergence of physical traits and mental diseases, it seems that at the moment
toward wrong cloning which leads to behavioral and brain disorder and
consequently committing crime by the person created by this process, we can
only answer most of the questions related to this subject by legal regime of
“vicarious criminal responsibility” due to act of other person. Additionally,
the team of physicians should be liable for incomplete implementation of the
technology which results in the birth a retarded child. |
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Keywords: Reproductive Cloning, Therapeutic Cloning, Criminalization, Physician Liability |
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Full-Text [PDF 708 kb]
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Type of Article: Editorial |
Subject:
Medical Law Received: 2014/07/7 | Accepted: 2014/07/7 | ePublished: 2014/07/7
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