Cass. Civ. Sec. III 20/04/2010 , N. 9315
"In the era prior to the entry into force of Article 5, paragraph 7 of Decree 30 October 1987, No 443, with amendments, by the flight Law No. 531 of 1987 -. What has made compulsory for the USL Estimates of Compiere to be allocated to testing of blood transfusions in order to assure the absence of HIV - the task of transfusion was already characterized by objective danger .
It follows Che incurs a contractual liability , attributable to the Hospital Also, the doctor - n the absence of an emergency and without proper notice of the Royal Patient objective of the risk that the story had therapeutic practice - has performed a blood transfusion, not tested almeno for hepatitis B, a result of which the patient has the AIDS virus SIA Agreement and, therefore, died.
( principle stated in relation to a blood transfusion performed in 1984, Che the trial court had ascertained not be necessary with respect to which the patient would not have given its "Where properly informed consent). (Reject, App. Brescia, 04/05/2005 )
Failure Rules Cautelari Post a garrison of medical blood transfusion in case of serious breach of contract kinds of SIA hospital pursuant to Art. 1228 Code and Conduct for the Physician commissi (for practicing transfusion in the absence of compelling emergency), and for the Conduct commissi (Have not tested for transfusion, although the requirement to test it).
The responsibility of the Service Operator hospital and the doctor's employee Votes both rooted in the execution of incorrect or diligent health service by the physician with the result that it proved, the same is found to be a contractual responsibility to contain both.
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