Research On Legal Liability Of Unqualified Blood Tort

Blood is indispensable and fundamental for our humans. While lacking sufficient qualified blood, our body will not work properly, and this can be life-threatening. In modern medicine, blood transfusion saves back the precious life of countless people who are on the verge of death. However, the behavior of nonstandard and illegal blood transfusion as well as the blood circulation has created the conditions for disease spreading. In the1980s, French Blood Transfusion Scandal triggered a global discussion of blood tort. The sharp increasing of unqualified blood violations is caused not only because of the lack of the blood safety consciousness of the country, but also because of the non-standard operation of medical institutions. All in all, it happens as the relevant law is incomplete. Whenever such disputes take place, the concerned person usually tends to use the legal weapons to solve the problem. But the protection of the clients has not been laid down because of the incomplete law. Such kinds of problems are still unsettled, thus the concerned persons cannot make peace with each other. The lack of the basic qualitative blood and the unclear principle of imputation and incompleteness of the specific security measures are the reasons why such disputes happen without a satisfying solution.This paper focuses on the blood tort, aiming at clarifying the relationship between the blood tort and other common products and medical products infringement, thus to determine the legal responsibility of the one who provides the unqualified blood. It is certain that blood is not ordinary product or medical product. So we should not put them into the same position. Conversely, we can use the principle of offence responsibility and establish the keeper and the transporter as the main parts. To protect the benefit of the litigant in different circumstances is to reduce the unnecessary burden and pressure of the medical side. Because blood does not have the properties of ordinary products or medical products, it cannot be traded, and we can not use money to compensate for the measure. It is difficult to perfect all the benefits according to the existing legal provisions. Service is a kind of commercial supplying, which has nothing to do with commercial sales. Blood supplying is similar to that. In medical institutions and blood supplying institutions, if what the transporter has done is right or it is difficult to find out who has made the mistakes, or it is hard to make sure what has caused all the problems, it is quite necessary to set up the non-fault compensation system by our government. What’s more, it is essential to found the commercial compensation system to further guarantee the benefits of all the litigants.