Blood Transfusion Infected With Hepatitis C Caused By Medical Damages A Number Of Legal Issues

During medical entanglements involving those who infected by a transfusion, the claim for medical compensation is one of the familiar cases, especially transfusion hepatitis C is the most common one. In August 1983, the first case of hepatitis B & C infected by transfusion occurred in our country, after that, a series of case followed, which claimed for the transfusion hepatitis civil compensation for the transfusion. Anhui province is not exception. The same case may be concluded with different or distinctive results just because of the different views on the nature of the case, the judgment of relationship between cause and effect, the application of law and so on. In this essay, I will try to study with the problem of transfusion hepatitis.In law relations concerning the transfusion, sufferers only enter with into a relationship with the medical institution, not with the medical personnel.The application of law is closely related to what is the blood. The blood is not a product but a kind of fluid in the human body. Therefore, the case involving transfusion shouldn't subject to the adjustment of the Law Of The Product Quality; it should be a case involving special tort duty.It should be analyzed carefully whether the transfusion infect the hepatitis is a medical accident. In most cases, the occurrence of the medical accident is due to the misconducts made by the medical personnel, which the transfusion infect hepatitis is primarily due to the virus contained in the blood. It should be regarded as a medical accident if the medical institution its careless blood-collection or using unclean medical apparatus damages the sufferer's health; on the contrary, it should not be regarded as a medical accident if the damage is due to the virus contained in the blood collected by the blood-supplying station, not due to the fault made by the medical units.According to the relationship of cause and effect concerning the blood-transfusion-related hepatitis infection, it should be recognized that infection is resulted from the blood transfusion as long as the blood-supplying stations or medical institution can either prove that the suffer has been infected though other channels during a certain period of time after the blood - transfusion. It is not necessary for the blood-receiver, a plaintiff, to quote whether his or her infection is directly link to the blood transfusion.The compensate for blood-transfusion-infection should include: Medical treatment fee, benefits losses, meals allowance for hospitalization period, nursing fees, transportation fees, room charges and direct property loss, each of the items should be fixed accordingly and use lump-sumpayment.The victim usually suffers enormous pain spiritually as a result of the blood-transfusion-related hepatitis infection. So the responsible parties should obviously take on the responsibility to provide medical compensation for the victims. Only in this way, the victims who have suffered both physically and mentally can be appeased.Once we know that there exists causality between hepatitis infection and blood transfer, the litigation for blood-transfusion hepatitis C should be timed.