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Research on Drug Product Liability

Author: ZhanZhenXing
Tutor: DangLiJuan
School: Guangdong College of Pharmacy
Course: Pharmacy
Keywords: Drugs Drug defects Tort Liability Adverse Drug Reaction
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 94
Quote: 1
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Abstract

Drugs, for the prevention, treatment and diagnosis of human diseases, regulating human physiological function and provides indications or functions, usage and dosage, including Chinese herbal medicine, Chinese Herbal Medicine, Chinese medicine, chemical raw materials and preparations, antibiotics, biochemical drugs, radioactive pharmaceuticals, serum, vaccines, blood products and diagnostic drugs. Played an important role in drugs for the elimination of human disease, but drugs are a special commodity, its does not have the particularity of general merchandise. Such as the drug has a dual nature, the other side of drugs to prevent and cure diseases, but also have adverse reactions. Drugs are used properly, can be saving lives, the benefit of mankind; harm to human health if used improperly, even life-threatening. Drugs can play a positive role in preventing and curing diseases, quality is the key. I combine the product liability system, the main use of the \This paper is divided into five chapters. Chapter 1 \Chapter medicine and tort liability Overview \principles and elements; product liability and product defect theory is the entry point of this article, the product liability is a common form of tort liability, the nature of the product defect is \theoretical basis. Chapter pharmaceutical tort liability is the focus of this article, proposed insights infringement of drugs, the general term for drugs infringement shall bear civil liability in accordance with the law. Text of the scope of the study is limited in a drug defects cause bodily damage of property rights, the main responsibility for damages in tort liability, is related to the main link in the development, production, circulation and use of drugs should bear the victims of drug civil liability; proposed pharmaceutical tort liability is divided into two types, a class of medicines defects caused by that Drug tort liability; is caused due to adverse drug reactions responsibility; accordance with the constituent elements of the tort liability of drugs tort liability the principle of attribution, the main responsibility. Although the drugs have many characteristics different from other products, but the drugs are still part of the product, drug responsibility applies equally to the general theory of product liability, Therefore, as the theory of product liability and product defect theory cut to investigate drugs tort liability and medicines defects. The nature of the general product defects is \An analysis of the defect depth. The same time, I also for our country for the application of the law of the defective drug violations put forward a number of recommendations. Chapter adverse drug reactions Responsibility Research drugs tort liability another form of discussion on the relationship of adverse drug reactions and drug defects. Adverse drug reactions and medication purposes unrelated to qualified drugs in normal Dosage or unexpected adverse reactions. Adverse Drug Reaction type determines whether the establishment of key tort liability. For fair value considered infringements of adverse drug reactions-based compensation system. The country currently belongs to the management of adverse drug reactions in its infancy, with the increase in the incidences of adverse drug reactions, it is necessary to learn from the experience of other countries are to improve the relevant legislation. The fifth chapter, \

Research on Drug Product Liability

Abstract

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