§ 9:2797 — Users of blood or tissue; a medical service

§2797. Users of blood or tissue; a medical service
A. The screening, procurement, processing, distribution, transfusion,
or medical use of human blood and blood components of any kind and the
transplantation or medical use of any human organ, human tissue, or approved
animal tissue by physicians, dentists, hospitals, hospital blood banks, and
nonprofit community blood banks is declared to be, for all purposes
whatsoever, the rendition of a medical service by each and every physician,
dentist, hospital, hospital blood bank, and nonprofit community blood bank
participating therein, and shall not be construed to be and is declared not to be
a sale. Strict liability and warranties of any kind without negligence shall not
be applicable to the aforementioned who provide these medical services.
B. In any action based in whole or in part on the use of blood or tissue
by a healthcare provider, to which the provisions of this Section do not apply,
the plaintiff shall have the burden of proving all elements of his claim,
including defect in the thing sold and causation of his injuries by the defect by
a preponderance of the evidence unaided by any presumption.
C. The provisions of Subsections A and B are procedural and apply to
all alleged causes of action or other acts, omission, or neglect without regard
to the date when the alleged cause of action or other act, omission, or neglect
occurred.
D. As used in this Section:
(1) "Healthcare provider" includes all individuals and entities listed in
R.S. 9:2797, Civil Code Article 2322.1, R.S. 40:1237.1, and R.S. 40:1231.1,
whether or not enrolled with the Patient's Compensation Fund.
(2) "The use of blood or tissue" means the screening, procurement,
processing, distribution, transfusion, or any medical use of human blood, blood
products, and blood components of any kind and the transplantation or medical
use of any human organ, human or approved animal tissue, tissue products, or
tissue components by any healthcare provider.

Legislative History

Acts 1990, No. 1091, §2; Acts 1999, No. 539, §1, eff. June 30, 1999.