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February 22, 1971

Problems in Liability For Transfusion

Author Affiliations

Stanford, Calif

JAMA. 1971;215(8):1329. doi:10.1001/jama.1971.03180210073033

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To the Editor.—  Whether the hospitals should be held legally responsible for the products it provides its patients, as cited in an unsigned EDITORIAL in The Journal (215: 110, 1971), is for the courts to decide on the basis of existing laws, as in the case of Cunningham vs Mac-Neal Memorial Hospital (Ill Sup Ct, Sept 29, 1970). Such legislation should be very specific and should take into account the best interests of the patient, the hospital, the doctor, and the blood bank. It must not be overlooked that the one who suffers most among these four is the patient.In connection with transfusions, the State of California adopted, as part of its section 1623 of the Health and Safety Code, the following statement which provides: S 1623. Blood, etc.; processing, distribution; service, not sale. The procurement, processing, distribution, or use of whole blood, plasma, blood products, and blood derivatives