51-1-28. Transfusions, transplants, and transfers of human blood, tissue, organs; negligence prerequisite to recovery for damages.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
The injection, transfusion, or other transfer of human whole blood, blood plasma, blood products, or blood derivatives and the transplanting or other transfer of any tissue, bones, or organs into or onto the human body shall not be considered a sale of any commodity, goods, property, or product subject to sale or barter but, instead, shall be considered as the rendition of medical services. No implied warranties of any kind or description shall be applicable thereto and no person, firm, or corporation participating in such services shall be liable for damages unless negligence is proven.#
(b)
Code Section 51-1-27 shall not be affected by subsection (a) of this Code section.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 105-1105, enacted by Ga. L. 1971, p. 457, § 1.

Cross references

Inapplicability of implied warranties to injection, transfusion, or other transfer of blood, blood plasma, etc., or transplanting of tissue, bones, or organs, § 11-2-316.

Law reviews

For article, ‘‘Federal Automotive Safety Standards and Georgia Products Liability Law: Conflict or Coexistence?,’’ see 26 Ga. St. B. J. 107 (1990). For comment on tort liability of hospitals based on use of defective blood in blood transfusions, see 5 Ga. L. Rev. 371 (1971).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 176; merge action: carried; file SHA-256 bc30a40687b2.