A 67-year-old woman, crippled by degenerative arthritis, requests that her own blood and blood from family members be used during her hip replacement surgery. The blood center describes its donation...


A 67-year-old woman, crippled by degenerative arthritis, requests that her own blood and blood from family members be used during her hip replacement surgery. The blood center describes its donation procedures, which do not permit directed donations. Although she is disappointed, she agrees to donate for herself. When her first unit is tested, it is reactive for hepatitis B surface antigen and for antibody to hepatitis B core antigen. The patientdonor is advised that she may no longer donate for herself and that the unit she has already donated will not be available for her surgery. Surgery proceeds. She receives 4 units of volunteer blood and develops TTAIDS 3 years later. She sues the blood-collecting organization.


1. On what legal grounds can this suit be brought?


2. What is the current standard of care regarding patientdirected donations?


3. Can/should health-care organizations deny autologous donor-patients access to their own test-reactive blood?



May 25, 2022
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