Civil Liability of Blood Banks

Abstract

Blood banks are stores for preserving blood and its components, which are collected from their blood donors, for later use in operations that require blood transfusion. All people can donate blood if they are in good health. Various relationships arise between blood banks and donors, between blood banks and hospitals, or between the donor and the patient receiving blood. The relationship may be selling blood, a blood donation contract, or a unilateral will. The donor must provide formal consent to donate blood. The official consent should include knowledge of all known risks associated with the donation and the subsequent legal use of the donation, and that the donor's information will be treated confidentially. As a result of the absence of the legislative text regarding blood transfusions in blood banks, jurisprudence prompted the search for a legal basis for blood transfusions, which is a case of necessity and social interest. Determining the civil liability of blood banks requires determining the error committed by the blood banks with the availability of damage and the causal relationship between them as they are two main pillars for determining the features of this responsibility.