i just found out when i was given a blood tranfusion back in 2005 that the donor is hiv positive. I was tested and it came back negative. I have been told it can take up to 5 years before a positive result can show up. I was under the assumption that the red cross checked the blood before it is donated. What legal action do I have for this ?
1 Answer from Attorneys
Re: medical mistake
It depends. If you are a member of the military, then you have little recourse against them. However, you may have recourse against the Red Cross. You have to prove damages, so far your status is negative, thus your suit is very weak. However, if you become HIV positive, then that is a different story. Check with a personal injury lawyer in your jurisdiction for specific details.
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