§ 130A-412.30. Use of tissue declared a service; standard of care; burden of proof. - North Carolina Statutes

§ 130A‑412.30.  Use oftissue declared a service; standard of care; burden of proof.

The procurement, processing,distribution or use of whole blood, plasma, blood products, blood derivativesand other human tissues such as corneas, bones or organs for the purpose ofinjecting, transfusing or transplanting any of them into the human body isdeclared to be, for all purposes, the rendition of a service by everyparticipating person or institution. Whether or not any remuneration is paid,the service is declared not to be a sale of whole blood, plasma, bloodproducts, blood derivatives or other human tissues, for any purpose. No personor institution shall be liable in warranty, express or implied, for theprocurement, processing, distribution or use of these items but nothing in thissection shall alter or restrict the liability of a person or institution innegligence or tort in consequence of these services. (1971, c. 836; 1983, c. 891,s. 2; 2007‑538, s. 3(a).)