On Tort Liability For Blood Transfusion Infection

Clinical blood transfusion is used to save people’s life. At the same time,it also bring a lot of bad influence. Every year, Clinical blood transfusion makes many people get ill such as HIV and hepatitis.It brings many medical malpractice tort cases. But our law for damages for such problems and did not make a clear unified regulations.It is under dispute that if clinical blood is product.Our law has no clearly specification about this problems.There is also discuss about tort liability and doctrine of liability fixation about clinical blood transfusion.Though the law of tort liability law is set that clinical blood transfusion cased issue is apply to liability without fault,Actually judges usually use liability for wrongs or equitable liability.Finally the blood station also have possibility to undertake liability to pay compensation. But the blood station is not the counterpart of the hospital service contract and the main of the infringement act.What is the the cause that the blood station undertake the liability to pay compensation.This paper will analyze the tort liability caused by clinical blood transfusion through two cases.t The first part will index the problems of China’s tort liability about clinical blood transfusion.The second part will analyze the tort liability caused by clinical blood.After analyzing if the blood is the product,mainly analyze the doctrine of liability is adopt to liability without fault,liability for wrongs or equitable liability.The third part will analyze the causalities about clinical blood transfusion caused tort cases.Then it will also analyze how to judge mala praxis.It will find out which theory of causality and burden of proof is more suitable for the dispute caused by clinical blood transfusion.At the same time it introduce the standard of mala praxis.The forth part will introduce the property of the liability of blood station.Through juristal theory to check that if the blood station undertake the liability to pay compensation is logical.The fifth part will propose several advice about these problems.Last century,Japan also suffered the same problems by the questionable blood product.It takes a lot so mass disturbances.But the Japanese government solve these cases successfully.It is worthy for consulting.The discuss of this paper is not only based on Chinese law,but also refer to Japanese law,theory and legal precedent in order to get the more worthy advice.