Tex.
Health & Safety Code Section 162.012
Limitation on Liability
(a)
A donor who provides information or blood samples under Section 162.010 (General Powers and Duties of Court) 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 (General Powers and Duties of Court)(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 (Discovery Powers of Court).(d)
Except as provided by Section 162.013 (Civil Penalty) or 162.014 (Criminal Penalty), 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 (Short Title), Chapter 17 (Deceptive Trade Practices), Business & Commerce Code (Deceptive Trade Practices-Consumer Protection Act).
Source:
Section 162.012 — Limitation on Liability, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.162.htm#162.012 (accessed Apr. 13, 2024).
