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Tort Law — Medical Liability

Date Citation Note
14.06.2005 BGH VI ZR 179/04 VI. Civil Senate a) The application of the principles of prima facie proof in cases of HIV infection resulting from the administration of blood products.
b) The duty of the person administering blood products to retain documentation and produce secondary evidence of the batch number of the product administered.
c) The duty, if it is impracticable to give information about the dangers of HIV infection when blood products are about to administered, to give an explanation to the patient thereafter, and to advise him to take a HIV test (duty to give safety information after the event).
d) The post-operative duty to give safety information extends to the protection of the future spouse of the patient.
§ 138(2),(3); §286 C ZPO
§ 823(1) BGB