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Research on Damage Liability of Defective Drug and Medical

Author: KeWei
Tutor: WangLingHong
School: East China University of Political Science
Course: Legal
Keywords: Defects Equipments Medical malpractice liability Product Liability
CLC: R-051
Type: Master's thesis
Year: 2010
Downloads: 115
Quote: 0
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Abstract


Currently, there are a considerable number of medical disputes from medical institutions to use medicines and medical equipment quality problems resulting patient disputes with the general fault or due to medical malpractice medical disputes resulting from very different. In such cases, the quality of medical malpractice tort often intertwined, so that application of the law in such cases and responsibilities identified with greater complexity and specificity. Upcoming July 1, 2010 implementation of the Tort Liability Act, Article 59 states: \providers to seek compensation, you can also seek compensation from the medical institution. patients to seek compensation for medical institutions, the medical institution compensation, the right to responsible producers or providers blood recovery. \, medical equipment and other medical products for damage caused by the subject and make the allocation of responsibilities defined, but did not on the nature of such cases, the legal burden of proof applicable and detailed provisions, and in judicial practice in these areas there is a big doubt, for example defective drugs and medical devices as well as how to determine the legal nature of such cases; medical institutions defective drugs and medical devices are liable for damage caused by medical malpractice liability or product liability; causal relationship between the defect and the damage should be how to allocate the burden of proof, etc., These questions have the necessary theoretical and practical point of view to be clarified and OK. This judicial practice starting from defective drugs and medical devices on the systematic analysis of damage to assume the responsibility of medical institutions as a starting point, consider the medicines and medical equipment damage particularity defective drugs and medical devices on the type of damage, application of law, medical malpractice liability and product liability competing forms, proof of such cases the rules and more a result of a determination of causality and other aspects of a more detailed study, in order to improve the relevant legal norms and judicial judgments provide some useful reference. This paper is divided into three chapters: the first chapter introduces the medicines and medical equipment deficiencies identified aspects. This chapter is divided into two. The first section describes the medicines and medical equipment definition and classification management system. Section II drugs, defective medical devices particularity of its criteria are analyzed in detail, and make relevant legislative proposals. Chapter II of the defect medicines and medical equipment damage cases were classified and distinguish between different types of damage cases of application of the law. This chapter is divided into three. Section from the defect judgment, determination of causation, the main responsibility for defining, four aspects of the law applicable to illustrate and explain the Medical Device damage particularity. Section through a large judicial case analysis, creative presents three types of defects Yaoxie damage. Section III detailed analysis of the different nature of the case and damage Equipments applicable law. Chapter III judicial practice doubts and difficulties were studied and analyzed. First medical institution to assume liability for damages, focusing introduces medical malpractice liability and product liability competing concepts, theoretical foundation and legal consequences. Concurrence of liability under the second condition of medicines and medical equipment defects burden of proof, medical institutions on the causal relationship between defect and damage to the burden of proof for an illustration and description. Section III Medical Device damage hybrid fault type defects in more fruit because of the complex causal chain leading to sort out and analyze the reasons for the mixed force finds fault and liability to determine recommendations, and analyzes the medical expert conclusions in determining the causal The role and status of relations and put forward relevant legislative proposals.

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CLC: > Medicine, health > General theory of > The relationship between medicine and other disciplines
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