Lovett v. Emory University, Inc.

Jordan, Presiding Judge.

This is a case of novel impression in Georgia, in that the plaintiffs seek to show a cause of action for wrongful death based solely on the alleged breach of an implied warranty arising from the furnishing of blood by a hospital to a patient. After careful consideration of all aspects of the case, we are of the opinion that such a blood transfusion is an incidental part of the service furnished by a hospital in the course of medical treatment (here a pre-operative procedure) and is not a sales transaction under our statutes or otherwise, even if the cost of the blood…