Civil Liability of Those Declaring Brain Death in the Light of Islamic Criminal Act (2013)

In accordance with Article 2 of the Executive Bylaw of Organ Transplantation Law, diagnosis and confirmation of brain death shall be made by a neurologist, an internist, and an anesthesiologist. On the basis of the civil liability, those individuals who declare brain death; should indemnify the damages if they impose as a result of their diagnosis in this process. Islamic criminal law 1375 (1996) in article 319 was absolutely adjudged doctors accountable; however, Islamic criminal law 1392 (2014) in Article 495 has followed the theory of fault in doctors civil liability. Therefore, the doctor can defense not fault, proved third person fault and invoke assignment to external causes. Based on Articles 158, 495 and 496 of criminal law in 2014, when was obtained consent; if they meet technical and scientific criteria in brain death diagnosis in the government system in brain death diagnosis does not accept responsibility; but in spite of consent, if they do not comply technical and scientific standards and government regulations, they will be held accountable.