INFORMATION ABOUT
TRANSFUSION MALPRACTICE

We hope that the questions and answers presented here will assist you in familiarizing yourself with some of the main issues and terms associated with Transfusion Malpractice. While the material below attempts to answer common questions in this area, State and local laws may significantly modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHAT IS A BLOOD TRANSFUSION?

Blood is made up of different components called "blood products" (packed red blood cells, fresh frozen plasma, platelets, etc). At times, these products alone or in combination can be given to a person who has a medical need to receive such a product. A blood transfusion involves starting an intravenous (IV) into the patient's vein and then running the particular blood product into the vein of that person.

IS THE TRANSFUSION OF A BLOOD PRODUCT SAFE?

Under normal circumstances, the transfusion of a blood product is safe. Prior to giving such a product to a patient, the hospital (or other facility responsible for the transfusion) must follow certain strict guidelines and precautions to make sure a complication does not occur.

WHAT KIND OF PRECAUTIONS HAVE TO OCCUR BEFORE A BLOOD PRODUCT CAN BE TRANSFUSED?

The hospital lab (blood bank) must get a blood sample from the person who is going to receive the blood product. This sample is typed and screened for proteins (antibodies) that are then matched against the blood that is going to be transfused into the patient. The blood to be transfused is kept in the blood bank and/or is obtained from the American Red Cross.

WHAT HAPPENS IF THE BLOOD PRODUCT IS NOT TYPED AND SCREENED CORRECTLY OR IF THE WRONG BLOOD IS TRANSFUSED?

If the blood product is not properly typed and screened, or if the wrong blood is transfused even if it has been correctly typed and screened, a transfusion reaction will occur. This could result in severe permanent injury or even death. This is medical malpractice and should never happen.

DO I HAVE TO HAVE AN ATTORNEY?

Yes. If you believe that a blood product error has occurred to you or a loved one, immediately consult with an attorney experienced in these matters. In order to prove negligence, you will need to retain experts to testify on your behalf about what occurred, from a technical sense. The negligent party will then retain its own experts to contest everything that you say. The attorney will be able to help you find experts and cross-examine the other party's experts as well. It would be most difficult, if not impossible, for a non-lawyer to handle a transfusion malpractice case.

HOW DOES MY ATTORNEY GEY PAID?

Most attorneys review potential malpractice cases on a contingent or percentage fee basis. This means that the attorney's fee will be a percentage of the amount recovered on your behalf. If there is no recovery, then you will not owe any fee to the attorney. Most attorneys will even advance the expenses needed to bring the case to trial, and then get reimbursed for those expenses from the recovery. All of these details regarding the fee and cost arrangements should be worked out with your attorney in advance, before any work is done on the case. You should review all of these details completely with the attorney and have the fee arrangements put into writing.

DESSEN, MOSES & ROSSITTO is happy to assist you in any legal matter that involves either Pennsylvania or New Jersey,the two states in which our attorneys routinely practice. If you wish to contact us for more information concerning this field of law or any other in which we practice, please send us an E-mail message and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

America's Blood Centers
American Red Cross
Coalition for Transfusion Safety
Transfusions/Blood Bank

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