Potential Liability for Transfusion-Associated AIDS
Miller, Patti J.
Wenzel, Richard P.
JAMA. 1985 Jun 21; 253(23): 3419-3424.
Statistical evidence for the transmission of acquired immunodeficiency syndrome (AIDS) through blood and blood products is cited, and the potential legal ramifications for blood suppliers are discussed. An AIDS victim could bring a claim against a hospital or blood bank on the contention that the facility had supplied an unfit product for patient use. Remedies for recovery in such a case might be based on a breach of implied warranties, strict liability, or negligence. Precautions which blood suppliers and physicians can take to reduce the potential for liability are suggested. (KIE abstract)
Aids; Aids Serodiagnosis; Acquired Immunodeficiency Syndrome; Blood; Blood Banks; Blood Donation; Communicable Diseases; Consent; Disclosure; Disease; Health; Hepatitis; Homosexuals; Hospitals; Iatrogenic Disease; Informed Consent; Legal Liability; Liability; Malpractice; Mass Screening; Negligence; Patient Care; Physicians; Prevalence; Public Health; Risks and Benefits; Standards; Surgery; Torts;
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