Blood Transfusion Infection Tort Liability And Basis Theory

As one of the Medical Tort Liability, blood transfusion infection occupied the majority percent in the patient disputes and litigation for a long time. Since blood transfusion infection may damage the patient's health right and body right, people has paid highly attention for this situation.Compared with General Tort, blood transfusion infection is a special kind of Tort, as its main occurrence, consequences, function and ways for relief is different. According to the Tort Liability Law, the principle of attribution is the core rules for entire Tort Liability Law. It is necessary to make the blood transfusion infection attribution rules more effective so as to confirm if the medical institution (blood centre) damage the patient's health right and body right, to support the judiciary handle the blood transfusion infection dispute as the basic rules, and it may determine the classification of blood transfusion infection infringement, the constituent elements, the burden of proof, exemptions and other important content. The blood transfusion infection attribution rules are the basic criteria for identifying infected blood transfusion constituted, the fundamental basis dealing with for the dispute blood infection, and compensation for blood infection damages. It may also of great significance for judicial sanctions for violations infected blood transfusion, the full protection of recipients and the legitimate interests of medical institutions to deal with infected blood transfusion disputes.In this paper we begin with the identification for the blood product liability and the blood transfusion tort so as to invest the attribution of responsibility choice for fault or non-fault blood transfusion infection tort, to analysis the blood transfusion infection responsibility attribution issue domestically, and provide the count measure for protecting the rights for both doctors and patients. This can be the foundation to relief the social contradictory relationship caused by blood transfusion infection.