[Forensic problems in blood transfusion].

Abstract

According to the Austrian Criminal Law the physician is made responsible for damages caused by blood-transfusion, because of criminal carelessness, unless, no serious guilt is proven and the sequences of the transfusion--incident are so insignificant that neither a damage of health nor any inability to carry on a profession longer than fourteen days has been caused. The physician is obliged to make the patient aware of the dangers of blood-transfusion in the limits of this comfort of such procedure and is not allowed to proceed the transfusion against the declaired will of an adult even though according to medical conception this would be necessary. In urgent indicated cases the physician has the possibility to ignore the wish of a non-adult person and decide against the will of the guardian without exposing himself to the danger of criminal pursuit. Consequences of Civil Law are not considered.