Research On Damage Liability Of Defective Drug And Medical

Currently, there are a considerable number of medical disputes rise from medical institutions like use of the drugs and medical equipment which have quality problems,Such disputes are different from normal medical disputes,In such cases, the quality of medical malpractice tort are often intertwined in,making it looks more complexity and specificity,Tort Law 59th Article:For medicines, disinfectants, medical equipment defects, patients can request the producer or provider for compensation, they may also seek compensation for medical institutions. and medical institutions have the right to responsible producers or providers of recovery. "The article did not ascertain the nature of such cases as well as Applicable Law ,the distribution of detailed provisions, but these areas is a big doubt in judicial practice.and these questions need to be clarified both from the perspective of theory and practice.this article study from several aspects.ex:different types of this kind of medical disputes,responsibility principle,cause and effect relationship,its purpose is to improve related law and make recommendations for the trial.Chapter one introduces how to identify deficiencies of drug and medical setups,this chapter have tow parts,section one describe definition and classification of drugs and medical setups,section two research the shortcoming of mandatory standards,and propose unreasonable risk standards.Chapter two classified three kinds of defective medical setups ,distinguish applicable law between different types of damage,this chapter is divided into three sections,the first section explained the special nature of this medical case from four areas:defects,cause and effect relationship,responsibility,and applicable law.the second section proposed three types damage through a large number of judicial case analysis.the third section research the applicable law of different case.Chapter three analysis judicial practice doubts and difficulties , section one focus on Hospital Liability,introduce the competing concepts ,theory,and legal consequences of medical liability and product liability,section two is about the burden of proof defects and causality,section three analysed the casual chain of multi-fault type medical dispute,and make recommendations on determing cause and effect relationship,at last,it researchs the role and status of medical conclusions ,and put forward legislative proposals.