Bradway v. American National Red Cross
United States Court of Appeals for the Eleventh Circuit
992 F.2d 298 (1993)
Carol Bradway (plaintiff) underwent reconstructive surgery on her face in 1983. After the surgery, Bradway had a blood transfusion. The American National Red Cross (Red Cross) (defendant) supplied the units of blood Bradway received through transfusion. In 1988, Bradway was diagnosed with acquired immunodeficiency syndrome (AIDS). In 1989, Bradway sued the Red Cross for negligently screening and testing the blood provided for Bradway’s surgery in 1983. For medical-malpractice suits, Georgia law imposes a statute of limitations of two years and an ultimate repose of five years. The Red Cross filed a motion to dismiss Bradway’s action, arguing that her claims were time barred by the statute of repose for medical-malpractice suits. Bradway argued that her claims constituted ordinary negligence, rather than medical malpractice, and consequently were not subject to the five-year ultimate repose. The district court granted the Red Cross’s motion to dismiss. Bradway appealed. The court of appeals certified to the Georgia Supreme Court the question of whether a suit alleging negligence in collecting and supplying human blood constituted an action for medical malpractice. The Georgia Supreme Court affirmed that, because the collection and supplying of human blood are medical services involving medical judgment, Bradway’s claims are for medical malpractice and subject to Georgia’s five-year statute of repose.
Rule of Law
Holding and Reasoning (Tjoflat, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 178,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.