Sec. 162.012. LIMITATION ON LIABILITY. (a) A donor who provides information or blood samples under Section 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).
(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 Section 162.011.
(d) Except as provided by Section 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).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Structure Texas Statutes
Subtitle H - Public Health Provisions
Chapter 162 - Blood Banks and Donation of Blood
Section 162.002. Required Testing of Blood
Section 162.003. Confidentiality of Blood Bank Records
Section 162.004. Disclosure Required by Law
Section 162.005. Disclosure to Certain Physicians or Person Tested
Section 162.006. Disclosure to Other Blood Banks
Section 162.007. Report to Recipient or Transfuser
Section 162.008. Procedures for Notifying Blood Recipients
Section 162.009. Provision of Blood Samples for Testing
Section 162.010. General Powers and Duties of Court
Section 162.011. Discovery Powers of Court
Section 162.012. Limitation on Liability
Section 162.013. Civil Penalty
Section 162.014. Criminal Penalty
Section 162.015. Donation of Blood by Persons Younger Than 18 Years of Age
Section 162.016. Be a Blood Donor Account; Dedication
Section 162.018. Brochure on Umbilical Cord Blood Options