نقل الدم بين الضرورة العلاجية و المساءلة القانونية : دراسة تأصيلية في القانون المدني

Abstract EN

Blood transfusion in the recent period Become a fertile ground for medical and legal conferences, since it raises a lot of debate and disagreement between doctors and men law, for being one of the modern themes in civil law.

In fact, the issues around civil responsibility arising from a blood transfusion cause problems with different perspectives.

Among these, we mention the statement of the importance of blood as well as its legal bases and the conditions of the gift itself.

Besides, delving in this topic rise the problem of adequacy of traditional pillars of civil responsibility for the civil responsibility in the field of blood transfusion, or privacy of this field imposes new rules.

Due to the intervention of more than one person in the process of blood transfusion, it becomes difficult to determine who is responsible for compensation of damage caused by blood transfusion starting from the responsible of the accident to the physician and his assistants as well as the center of a supplier of blood transfused to the hospital where the patient is lying down, not to mention the state as the first and the last responsible for monitoring its role of protecting public health.