English abstract
Undoubtedly, blood is the fuel for human body, and if afflicted by any disease
the body may fail to perform its vital functions from thermal regulation up to a
direct impact on the functional efficiency of body systems. However, a person
may have certain medical conditions or accidents that necessitate blood
transfusion to stabilize his/ her condition. In medical terms blood transfusion is
considered one of the most crucial medical treatments. Nevertheless, it may turn
out that the blood being transfused to save a patient's life may cause him harm
or even end his life if it was infected or mismatched, therefore the aim of this
thesis is to find the appropriate legal guidelines and adaptations for these
procedures.
For this end, this thesis is divided to an introduction and two main chapters. The
introduction was limited to indicate the nature of blood transfusions, the parties,
conditions, and legal basis thereof. The first chapter discussed different aspect
of civil liability related to blood transfusions. It was divided into three sections,
the first section discussed the nature of blood transfusions commitment, whereas
the second section dealt with the question: how far blood transfusion is
considered a contractual liability. The third section discussed the extent to which
blood transfusion liability can be considered a tort liability.
In the second chapter of the effects and prohibitions of tort liability were
discussed. It was divided to three sections. The first of which dealt with the
effects of tort liability in the compensation claims, while the second section
discussed the types of harm and how to determine it. The last section discussed
the restraint of the tort liability.
The study was concluded with several results, most important of which is there
is no independent legal regulation of blood transfusions and the need to sperte
the obligation to achieve result and regulate the nature of the relationship arising
therefrom as well as stipulating preclusive effects related thereto.
