Infected Blood Transfusion Medical Damage Caused By Infringement Compensation

As a cause for compensation of damage of medical treatment, the proportion of blood infection is proliferating between tangle and suit between doctors and patients in recent years. The problems mainly fasten on following ways: firstly, technical criterion of blood transfusion is not strict and watchful obligations during blood transfusion are undefined. Secondly, applying of imputative principle is confused. Thirdly, the range and calculation methods are devoid of operable gist.The research object is tort compensation of damage of medical treatment caused by blood infection in virtue of comparative methods, demonstrational analytical methods of repudiation research law-economics. The article is divided into four parts basing on the masterstroke composing by three elements including damage fact, defect and consequence of tort responsibility. The first part concentrates on the definition of juristic attribute of damage of medical treatment caused by blood infection, ranging from the definition of blood character and elementary structure of relation of compensation of damage to coherence between breach claim and tort claim and reasons for choosing tort claim offered by patients. The second part divided the standard of judging defect into the abstract and the material. And the material standard is melt into five obligations from hospital and three obligations from blood station. The third part illustrates appliance of blaming principle analyzing the reasons why to applying the principle of deducing obligation basing on defect, the principle of impartiality or not. And the last part discusses how to apply fact-consequence relating to the damage responsibility of tort compensation or law-consequence relating to ranges of compensationIn the end, the article tries to prospect the problems and design the related systems such as legislating of uniform medical treatment, establishing system of liability insurance of medical treatment and establishing security concept of blood transfusion.