Bradway v. American National Red Cross

992 F.2d 298 (1993)

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Nature of the Case

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Facts

In April 1983, P, twenty-years-old, underwent reconstructive surgery for facial birth defects. P received two units of whole blood by transfusion after surgery. The hospital obtained the blood from D. D had no direct contact with P. On July 19, 1988, P was informed that she had AIDS. P sued D claiming D was negligent in screening blood donors and in testing blood samples for the presence of HIV. D moved to dismiss under the statutes of limitation and ultimate repose for medical malpractice suits. P contended that the action was one for 'ordinary' negligence, not medical malpractice. The district court concluded held that 'an action against a blood bank for the negligent collection and supply of human blood is an action for medical malpractice,' and dismissed the case. P appealed. The court certified the question whether the negligent collection of blood by a nonprofit was an action for medical malpractice. The Georgia Supreme Court held that the collection of blood involved medical judgment and thus negligence claims are for medical malpractice and subject to the 5-year statute of repose.