Torts keyed to Robertson
Bradway v. American National Red Cross
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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After the Plaintiff had surgery she was required to have a blood transfusion, with the units of blood being supplied by the defendant. Later, the Plaintiff was diagnosed with AIDS and sued the defendant, arguing that the negligently screened the units of blood used for her previous transfusion. Under Georgia law, cases involving claims of medical malpractice have a statute of limitation of 2 years and a statute of repose of 5 years. The defendant moved to dismiss the case, arguing that claims were barred under the statute of repose of 5 years. In response, the plaintiff argued that the case was one of ordinary negligence and not medical malpractice. If the case was one of ordinary negligence, the plaintiff’s claims would not be time barred. The Georgia Supreme Court held the claims were for medical malpractice and are time barred under the 5-year statute of repose.
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