THE LEGAL MECHANISMS FOR PROTECTING VICTIMS OF BLOOD TRANSFUSION CONTAMINATED WITH HIV

Abstract

The process of blood transfusion is considered one of the major negative factors in the transmission of the HIV virus. This occurs when patients receive contaminated blood, especially before the implementation of blood testing programs in healthcare institutions, medical facilities, and blood transfusion centers in countries. Consequently, many victims of AIDS have been unable to file legal claims against these institutions due to societal norms and perceptions of the disease. It is important to note that blood transfusion centers are responsible for achieving accurate results, as they are obligated to collect and store disease-free blood and viruses for patients in need, such as those undergoing surgical procedures, organ transplants, and individuals requiring blood transfusions following car accidents or those with hemophilia or kidney failure.

Therefore, a blood transfusion center that aims to provide clean blood must analyze donated blood using precise biological standards and techniques to eliminate any possibility of error in the results. This ensures the preservation of healthy blood. Conversely, relying on ineffective techniques by some laboratories can lead to inaccurate results, which may hold the center responsible for the transmission of contaminated blood and potentially result in the death of the recipient. Determining liability can be challenging, making the issue of compensation difficult to resolve.