Blood transfusions, HIV and legal liability in South Africa

This article deals with the legislation, regulations and clinical guidelines regulating blood transfusions in South Africa. Although these are aimed at protecting both the recipients and donors of blood, the risk of HIV infected blood being donated and transfused is on the increase, due to inter alia, the high prevalence of HIV infection among the South African population. The article discusses, in the absence of strict liability in South Africa, the possible legal liability of blood services, medical practitioners, the Department of Health, and the blood donor when a recipient of blood is infected. The need for informed consent by both the recipient and the donor is also discussed, as well as the legal repercussions where informed consent is lacking.