The duty to warn about transfusion risks

Blood banks and transfusion services should anticipate that patients contracting transfusion-transmitted diseases will claim that these facilities have a duty to warn or notify patients of potential transfusion risks. Although physicians treating patients must secure informed consent by describing significant risks and possible alternatives, precedent does not support extending informed consent requirements to the hospital or blood bank. Nonetheless, efforts to find new sources of compensation may cause judges to develop new theories of liability. Blood bank and transfusion service medical directors, therefore, are advised to provide clinicians with information regarding current or emerging transfusion risks and alternatives such as autologous transfusion, urging communication to patients when informed consent is obtained.