Korean J Leg Med.  1998 Oct;22(2):111-125.

Problems of Transfusion-related HIV Infection

• Kim JM

Abstract

Transmission of infectious diseases through transfusion is a fatal adverse reaction, and recently numerous cases of HIV infection have occurred which lead to serious medical disputes. These medical disputes are extended to law suits, and the judgements provoke various problems in medical and legal aspects, as well as in social and ethical aspects. According to a precedent case of the Supreme Court, in the case of transfusion-related HIV infection, the Korean Red Cross were obliged to compensate for the damage because the Korean Red Cross were to be responsible for the selection of adequate blood donors through necessary questionnaires and explanations. Also, the involved hospital was to pay for consolation for the lack of sufficient explanation of the possibility of transmission of infections although it may be rare. The Korean Red Cross are not absolutely innocent, but considering the reality that there is a shortage of supply compared to the demand of blood products, such situation may have been inevitable, and also considering the scientific limitation in the discrimination of HIV seropositivity, the above judgement may have been a requirement of an excessive responsibility of caution. On the hospital's standpoint, because transfusion is usually done in an emergent medical situation, the patient may have to be responsible on deciding on the need for transfusion despite the dangers, and to explain the risks on each and every transfusion despite the dangers, and to explain the risks on each and every transfusion in such an emergent situation is unrealistic. Therefore, admitting the responsibility of 'unfulfillment of the obligation to explain prior to treatment' on the hospital side is inadequate. However, victims, who have been infected unexpectedly to the dreadful disease, HIV infection, would want any kind of compensation. So every blood product should be imposed with a certain amount of fund which should be reserved to provide for the compensation of HIV infection through transfusion.

MeSH Terms

Blood Donors
Communicable Diseases
Compensation and Redress
Discrimination (Psychology)
Dissent and Disputes
Financial Management
HIV Infections*
HIV Seropositivity
HIV*
Humans
Jurisprudence
Red Cross
Surveys and Questionnaires