Medical Damage Compensation System Of Blood Transfusion Infected With Hepatitis C

Due to the increasing demand of China’s medical blood usage and the waken of people ’s awareness of rights, compensation cases of blood transfusion infected with hepatitis C is rising and makes up a large proportion in the medical damage cases. Blood stations in Shanghai made a statistics in 2008 showed that in Shanghai, blood transfusion infected with hepatitis c and the proportion of all transfusion as 21, 200, and blood transfusion infected with hepatitis c is 5 times higher than other blood infectious diseases. The hardness in detecting and longtime incubation of hepatitis C causes the system characteristics in the of damage compensation liability. Therefore, China should improve the attention to blood transfusion infected with hepatitis c compensation system. But China’s law of blood transfusion infected with hepatitis c damage compensation liability system is not refined, leading to the unfair situation in the judicial practice in the judge in the principle of imputation, causality judgement etc. There is no uniform imputation. In this paper, the author combines blood transfusion infected with hepatitis c damage compensation cases, Discussion of blood transfusion HCV infection damages related legal problems to expect through the study of blood transfusion infection HCV damage compensation liability system, making reference to such cases also expect legal people and countries pay more attention to this social problem.Based on the blood transfusion infected with hepatitis c compensation system as the research object. The specific arguments idea is as follows:The first part, the author introduces the legislation of blood transfusion infected with hepatitis c damage compensation liability.Through the introduction of the legal background raises questions of such cases:before July 1, 1993, transfusion HCV infection damages judgment without the guidance of laws and regulations, etc. On the one hand, c "incubation period", leading to symptoms come only after ten years or twenty years, this is not a problem left over by history, but the judge is inevitable to confront the problem of nowadays, how to judge? Different verdict on this question in the judicial affairs; On the other hand, due to the time boundary problem, leading to blood transfusion HCV infection very different damages judgment, attracted a lot of injustice. At the same time it also raises another question- the statute of limitations, although in practice some court does not consider the statute of limitations problem while protecting the rights of patients, but the court awareness of the problem are also different.The second part the author discusses the principle of blood transfusion infected with hepatitis c damage compensation liability imputation. the principle of liability fixation of damages in theory and practice have always been controversial. Analysis the author first of all, starting from the legal attribute of the blood, the blood is not a product, second from the source of the blood, blood collection, using three aspects to support the product attributes, the public welfare nature of blood stations and medical institutions eventually draw blood transfusion HCV infection case should apply the principle of fault liability.The third part the author introduces blood transfusion infected with hepatitis c component elements of liability for damages. Due to medical institutions for the patient’s behavior and damage to the facts of the patients infected with hepatitis c blood transfusion is easier to prove, and with other medical damage compensation responsibility also no difference, it is not necessary to do a special study. And the particularity of the blood and hepatitis c disease cause blood transfusion infected with hepatitis c compensation for damages in medical institutions and the cognizance of blood stations fault, blood transfusion and medical institutions and patients infected with hepatitis c causality with the blood stations relief has particularity, so the author make key research in these areas.The fourth part the author introduces blood transfusion infected with hepatitis c compensation system. Based component introduces two aspects, on the one hand is introduced when medical institutions and blood stations have the responsibility, should apply to the relevant laws and regulations, But the author through form analysis concludes that the deficiency of the present stage our country transfusion HCV infection:1. The ways of HCV follow-up expenses claims in our country should make further efforts. 2. The standard of compensation for mental injury of blood transfusion infection in patients with hepatitis c should be refined, and the author thinks that the patients of blood transfusion infection with hepatitis c cases should get better attention. On the other hand the author introduces no-fault blood transfusion infection damages relief system, The system did not establish in our country.The author thinks that, through the establishment of system of liability insurance and compensation fund, this can let the society to share the risk of damage to blood transfusion. This kind of situation is conducive to China’s blood stations to the long-term development of the nonprofit public welfare organization or the hospital, can fundamentally to compensation and relief blood transfusion infected with hepatitis c patients.