Texas Health and Safety Code 162.012 – Limitation On Liability
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(a) A donor who provides information or blood samples under § 162.010 is immune from all liability arising out of the donation of the blood transfused into a recipient.
(b) A blood bank is not liable for the disclosure of information to a court in accordance with an order issued under Sections 162.010(b)-(f).
Terms Used In Texas Health and Safety Code 162.012
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Donor: The person who makes a gift.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A presumption of negligence or causation does not attach to a donor’s positive test result if the test result is obtained after the donation of blood or blood components that is the subject of discovery as provided under § 162.011.
(d) Except as provided by § 162.013 or 162.014, a person who negligently or intentionally discloses blood bank records in violation of this chapter is liable only for actual damages resulting from the negligent or intentional disclosure.
(e) This chapter does not give rise to any liability under Subchapter E, Chapter 17, Business & Commerce Code (Deceptive Trade Practices-Consumer Protection Act).