Discussion On Perfecting The Claim Mechanism For HIV Infected Patients Through Blood Transfusion Or Using The Blood Products

In China, most of the research on the rights which concern the AIDS patients who were infected through blood transfusion or using the blood products, or regarding the HIV infected patients as part of the whole AIDS patients or part of the overall who were infected through blood transfusion or using the blood products including the hepatitis patients .Although there are a lot of common grounds among in medicine features , the ways of infection, the cause and the consequences of the disease, among HIV patients through blood transfusion or using the blood products,other HIV patients and HBV patients through blood transfusion or using the blood products, it is very different in the legal relationships. Compared with the latter two, the AIDS patients infected through blood transfusion or using the blood products not only have to bear the tremendous pain and suffering, but also maintain costly treatment by claiming for compensation. Because of the absence of specific provisions about compensation caused by blood transfusion or using the blood products and non-consensus in judicial practice, it is too difficult for the AIDS patients infected through blood transfusion or using the blood products to claim for compensation.Based on the claim mechanism for the AIDS patients infected through blood transfusion or using the blood products, author analyzed and perfected the legislation about claim mechanism in the way of comparing and positivism.There are three parts in this article: introduction,principal part and conclusion.The introduction recommends the status of AIDS patients infected through blood transfusion or using the blood products and the necessity of perfecting claim mechanism.The principal part includes four chapters. Chapter 1 outlines the basic status of HIV infection through blood transfusion or using the blood products and explicates the justification of claim mechanism in several aspects as below: the medical definition of AIDS, typical cases of HIV infection through blood transfusion or using the blood products in and abroad and the characteristics of HIV infection through blood transfusion or using the blood products. Chapter 2 compares domestic claim mechanism for the AIDS patients infected through blood transfusion or using the blood products with the foreign one. Chapter 3 focuses on the specific issues in Chinese present claim mechanism for the AIDS patients infected through blood transfusion or using the blood products and appropriate suggestions for the issues. In Chapter 4, the author sets forth his own view; it is mainly about the structure of perfecting claim mechanism for the AIDS patients infected for blood transfusion or using the blood products.In conclusion, the author puts emphasis on the significance of perfecting claim mechanism for the AIDS patients infected through blood transfusion or using the blood products, meanwhile looks forward to the future of Chinese claim mechanism.