1  There is, by implication, support for our position in the Code of Georgia. Most of the Red Cross personnel involved in the various steps we have outlined above must be licensed as professionals under Title 43 of the Georgia Code. In addition, under OCGA 31-22-1 (2), the term "clinical laboratory" includes "blood banks which provide through their ownership or operation a system for the collection, processing, or storage of human blood and its component parts." Clinical laboratories are, under OCGA 31-22-9.1 (a) (8), health care facilities.

2  OCGA 9-3-70 states:As used in this article, the term "action for medical malpractice" means any

3  See, e.g., Smith v. Paslode Corp., ---- FSupp. ---- (E.D. Mo. 1992) ("[T]he uncontradicted evidence in the present case shows that nearly every step in the ARC's collection, processing and distribution of blood requires medical expertise."); Doe v. American Nat. Red Cross, ---- FSupp. ---- (W.D.Wis. 1992) (In applying broad construction, court said "it would be difficult to conclude that in collecting, processing, and distributing blood from donors for ultimate use in transfusions, defendant is not providing health care to others."); United Blood Services v. Quintana, 827 P2d 509, 523 (Colo. 1992) ("The acquisition and preparation of human blood for use in medical transfusion and the safeguarding of donated blood against contamination require the exercise of medical and scientific expertise by health care professionals in both the donor screening and the blood testing stages of the process. Any alleged negligence of a blood bank in performing those operations can occur only by reason of the action or inaction of its officers and employees functioning as health care professionals."); Wilson v. American Red Cross, 600 S2d 216 (Ala. 1992) (Red Cross is directly involved in the delivery of health care services since its activities are highly technical and require supervision and participation by a physician and other trained technical personnel.); Tujaro v. Methodist Hosp., 368 S2d 1219, 1221 (La. App. 1979) (because a blood transfusion is a medical procedure, "the standard of care that must be utilized in collecting and transfusing blood is logically the same as that which applies to the actions of physicians and surgeons."); Coe v. Superior Court, 269 Cal. Reptr. 368, 371 (Cal.App. 1 Dist. 1990) (Blood banks provide a service "inextricably identified with the health of humans."); Doe v. American Red Cross Blood Services, S.C. Region, 377 SE2d 323, 326 (S.C. 1989) ("[S]ince the transfusion of blood is characterized as a skilled medical service, then we hold that the Red Cross, as a blood collector and processor, should be treated as a professional.").

4  Policy reasons also support our decision in this matter. OCGA 51-1-28 provides that the transfusion or other transfer of human blood is to be considered, not a sale of goods, but a rendition of medical services, thus precluding actions sounding in strict products liability. In McAllister v. American Nat. Red Cross, 240 Ga. 246 (240 SE2d 247) (1977), we held that the protection provided by this Code section applied not only to hospitals but also to entities like the Red Cross which supply blood for human use. The rationale for these "blood-shield statutes" is to protect competent and carefully operated blood banks helping to meet an urgent need for blood and blood products from "crippling legal liability." 240 Ga. at 249.

5  This is so even if, as the Bradways assert, the decision not to ask certain questions in screening donors was politically, ethically, or legally motivated. They would still have to demonstrate that the omission of those questions was both medically unsound and resulted in the acquisition of unsafe blood, both of which are medical issues.

6  It would also seem that any consideration of the validity and effectiveness of the questions employed in the screening process would constitute a medical question requiring expert testimony. See, e.g., Cherokee County Hosp. Auth. v. Beaver, 179 Ga. App. 200 (345 SE2d 904) (1986).