输血涉嫌感染艾滋病引发医疗纠纷的处理与防范

Handling and prevention of medical disputes caused by suspected AIDS infection via blood transfusion

输血涉嫌感染艾滋病引发的医疗纠纷具有高度敏感性、牵涉面广、调查取证难度大、巨额索赔等特点。处理此类纠纷关键在于查清输血与感染艾滋病是否存在因果关系 ;查清从血液采集到输注过程中是否存在违法违规行为以及此类行为与感染艾滋病有无因果关系 ;并须注意保护当事人隐私权。防范举措包括严厉打击非法采供血及组织他人卖血 ;严格评审、整顿血站 ;血站与医院联防艾滋病通过输血传播 ;妥善保存采供血原始资料 ;尽快建立输血保险机制以及落实国家艾滋病防治规划。

Medical disputes caused by suspected AIDS infection via blood transfusion are characterized by high sensitivity, involvement of many persons, great difficulty in carrying out investigation and obtaining evidence, and demand for a large compensation. The key to handling this kind of medical dispute lies in clarifying whether there is a causal relationship between the blood transfusion and the AIDS infection, whether there have been illegal activities in the process of blood collection and transfusion, and whether there is a causal relationship between such activities and the AIDS infection. In addition, the partys right of privacy should be protected. Measures of prevention include: handling without gloves activities of illegal blood supply and collection and the arrangement for other people selling their blood; strictly assessing and consolidating the blood centers; blood centers and hospitals jointly preventing the spread of AIDS via blood transfusion; taking proper care of the raw data of blood supply and collection; and speeding up the establishment of an insurance system for blood transfusion and the implementation of the States plans for AIDS prevention and treatment.