A 59-year-old man was notified in 1999 that he had received a unit of RBCs in 1989 that was negative by firstgeneration HCV antibody testing, but the donor was found to be positive when subsequently...

A 59-year-old man was notified in 1999 that he had received a unit of RBCs in 1989 that was negative by firstgeneration HCV antibody testing, but the donor was found to be positive when subsequently tested by secondgeneration methods. He was tested by the blood center in late 1999 and found to be HCV-positive. He filed a lawsuit against the treating physician, the hospital, and the blood center in 2002.

1. What legal theory can this man use?

2. What is the likely outcome of this lawsuit?