Research On Legal Liability Of Innocent Blood Transfusion

In recent years, a blood transfusion leads to infect with hepatitis B, AIDS and other infectious diseases, the situation becomes more worse, increasing lawsuits. Because of the legal nature of the legal blood this particular matter is not clearly defined, for blood transfusions in patients cause to damage, especially the "window period" and " probability of miss " existing, medical institutions and blood banks in the absence of fault legal nature, the cause of transfusion infection cases, responsibility principle, and how to deal with the law does not clearly defined. Resulting in practice, the patients who are infected due to blood transfusions accuse to the blood banks and medical institutions. In such cases, due to medical institutions and blood banks are not faults, but they did infect with the diseases, such as hepatitis B, AIDS and other diseases. Currently, the local courts are mostly used the principle of equitable responsibility, medical institutions and blood banks are given patients for proper compensation. However, the lack of certain reference standards, courts around the nation have different standards of compensation, causing some patients that infected through blood transfusion do not get effective treatment. At the same time, in such cases, medical institutions and blood banks making excuse for each other, think they have no responsibility, making it more difficult to deal with such cases. Medical institutions in clinical transfusion also have huge compensation risks and both doctors and patients are under great risk, is not conducive to the interests of the patient and the development of medical and health services.This paper analyzes the case of Liu Jian transfusion of blood infected with hepatitis B, defined the legal nature of blood, the responsibility principle of the blood transfusion lead to damage cases, the component. Analysis the current difference from one another in courts for deal with the cases of the blood transfusion infection. Clearly identified for no fault of blood transfusion cases, the legal nature analysis of the no-fault of blood transfusion, the state of medical institutions and no-fault blood transfusion among legal relations, as well as such events in abroad are handled. Analysising of the current cases of transfusion process problems exist in no-fault of blood transfusion. On this basis, we propose some advice for no-fault of blood transfusion cases legal system improvement and non litigation Settlement mechanism.