Civil Liability of Doctors in the Algerian and comparative Law: An examination of the liability for blood transfusions
Abstract
Abstract
Blood transfusion is categorized as a medicalintervention; thus the liability for negligence in blood transfusion is medical. In contrast to the general rule of medical liability, the liability of the supervising doctor is based on an obligation of result, and as such a doctor involved in this medical process will not be obligated to a duty of care as the general liability rules state. This implies that in the process of blood transfusion, the doctor is obliged to achieve the result of the patient's safety. It is the patient responsibility to prove the causal relationship between the mistake and the damage done to him. In blood transfusion, while some argues that the causal relationship can be established as certain reactions may indicate a causal link in case of infection and incompatibility in the transfusing process.
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