Practical Analysis Of Damage Compensation For Blood Transfusion

In recent years, along with the blood transfusion in clinical application, the problem of damage associated with the blood transfusion infection has gradually attracted people’s attention.In this paper, through the study of a large number of in real life caused by blood transfusion infection cases, select a representative three cases study. The use of a clear concept of law, comparative analysis and law analysis, first introduced the three typical cases of blood transfusion infection through blood transfusion, combined with today’s problems are complicated, profound analysis summed up the necessity of the problem to be solved. What is the legal nature of our main discussion is blood, various scholars have divergent views, after analysis and comparison, from the point of view of the interests of consumers and maintain perspective combined with the characteristics of China’s legislation, summed up the blood belongs to the special product of the conclusion. Secondly, the qualitative behavior of blood transfusion infection is the subject of liability of compensation for damage, the act of tort or breach of contract, or the coincidence of the two. The rights and obligations of the subject of blood transfusion infection damages, and they reflected in legislation. This paper argues that the blood transfusion infection damages between medical institutions and impaired can be a liability for breach of contract and tort liability is; between blood and damage should be tort liability, damage may choose to apply the "product liability law", "tort liability act", "general principles of civil law" to pursue the relevant responsibilities of the parties. Analysis of blood transfusion infection in damage behavior in accord with certain conditions which belongs to the medical accident treatment, and medical institutions and blood should be the reasonable duty of care in medical treatment. In the event of damage exemptions is what they. Finally, according to the real life problems, put forward reasonable compensation mechanism.