Problem: ADMINISTRATION OF THE WRONG BLOOD
The patient-plaintiff in Bordelon v. St. Francis Cabrini Hospital (1994) 63 was admitted to the hospital to undergo a hysterectomy. Before surgery, she provided the hospital with her own blood in case it was needed during surgery. During surgery, the patient did indeed need blood but was administered donor blood other than her own. The patient filed a lawsuit claiming that the hospital's failure to provide her with her own blood resulted in her suffering mental distress. The Court of Appeals held that the plaintiff stated a cause of action for mental distress. It is well established in law that a claim for negligent infliction of emotional distress unaccompanied by physical injury is a viable claim of action. It is indisputable that HIV can be transmitted through blood transfusions even when the standard procedure for screening for the virus is in place. The plaintiff's fear was easily associated with receiving someone else's blood and therefore a conceivable consequence of the defendant's negligent act. The hospital had a "duty" to administer the plaintiff's own blood. The hospital breached that duty by administering the wrong blood.
Ethical and Legal Issues
1. Do you agree with the court's decision? Explain your answer.
2. In cases such as this, do you believe that financial awards are effective in preventing future incidents? Explain your answer.