Tort Liability For The Damages Of Blood Transfusion Infection

Blood is the life of mankind, is one of the elements to maintain the normal function of the body functioning. With the increase of social transfusion because infection gradually increased medical malpractice tort caused such cases should arouse sufficient attention, but our law for damages for such problems and did not make a clear unified regulations.In this paper, transfusion resulted in medical damages caused by viral infection as the research object, through the layers of in-depth analysis of infection from blood transfusions damages characteristics, in principle, to determine the compensation of specific legal relationship, to reflect and to improve the compensation system, a step further elaborated infected blood transfusion medical compensation tort theory, it is also based on the wording of such paper is divided into three main lines will be most.Firstly, the first part is an overview of the transfusion infection damages. Overview mainly focus on three aspects, one clear of blood transfusion infection damages the meaning, the second is to collect on the basis of a large number of cases, blood transfusion infection damages summed up the characteristics of the third is based on the characteristics summarized the compensation should be followed principle.Secondly, the second part is to determine damages related to blood transfusion infection. This section is under the guidance of the first part of the principle of compensation, in accordance with what the compensation should be further elaborated, who will lose, how lose, lose much, how the amount of compensation payment and other issues, namely a detailed analysis of blood transfusion infection damages should apply the legal basis, define the scope of the compensation program, the compensation amount of compensation subject specific criteria or considerations and calculate damages payment.Finally, the third part is to reflect on the damage compensation system for transfusion infection problems and make specific recommendations to improve the legal system. Throughout the text of this paper based on the medical status of transfusion led to virus infection, combined layers of legal norms and judicial practice analysis, in order to compensate for the blood transfusion resulted in me dical tort theory systematically infected modest contribution.