The Research On Tort Liability For The Damages Of Blood Transfusion Infection

In recent years， infection of AIDS， hepatitis and syphilis through bloodtransfusion are increasing,which has led to more and more tort liability cases,andarouses the attention of different sectors in the society. The law in our country has nospecific provision for the liability of such cases. It causes a series of problem, forexample, the technical criterion of blood transfusion is not standard, the rights andobligations are not clear, the principle of applying of imputative is confused,compensation extent and calculating method are devoid of operable gist. Therefore，from theoretically studying and discussing these types of cases, which can be helpfulfor protecting the rights of patients，we can find something is useful.According to China’s specific national conditions, it is necessary to improve ourcompensation system of the tort damages caused by blood transfusion infection. Thisarticle is divided into many parts by using this to be the object. The first concentrateson discussing the definition of blood and the legal concepts of blood, and detailedanalyze the difference between blood and blood products.And then mainly introducedthe principle and the element of liability of blood transfusion infected infringement. Italso introduced the principle of blood transfusion infected infringement andintroduced the subject of obligations about the hospitals and blood banks in a bloodtransfusions tort case, distributed to the responsibilities for hospitals and blood banks,and put forward their reasons for exemption. In this part, a detailed analysis ofpatients’ selection in the right of claim, and different theories of this right has beenplaced. It also analyzed the Necessities of establishing compensation rules for bloodtransfusion infection, and discussed the principle and the range of the compensation.At the end of this part, it tried to resolve the problems of tort damages of bloodtransfusion infection, these kinds of measures try to ensure the quality of blood inclinical uses to reduce the probability of damages caused by blood transfusion, andlegal disputes caused by transfusion infections.