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The Study Of Chenguilan's Prosecution Of 464 Hospital Of Medical Instrument Injury

Posted on:2012-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiFull Text:PDF
GTID:2166330335970169Subject:Civil law
Abstract/Summary:PDF Full Text Request
Medical devices are the special commodities that are closely related to people's health and safety. In the recent years, as the field of life science research deeply investigates, so the corresponding industry about the medicine rapidly develops, and the medicals device industry which is part of the medicine industry also grows fast. Meanwhile, the number of infringement cases cause by the defective medical devices increases year by year. As the medical devices themselves have inherent risks, so it is hard to infer its defects from the physical damages, which made that the patients could not be comprehensively and effectively protected by the personal tort protection system and it is also not used for the long-term development of the medical device industry. Therefore, it is significant to investigate the cases about the damage which is caused by the defective medical devices.This article started from the model case about the Cheng Guilan charging the 464th hospital, and by combining the rules in laws and disputes between the two sides and according to the actual situation in China that if the defect was not be found in the medical devices and whether it was a defective product could not be judged, some systematical and operational advices were proposed about how to protect the patient effectively. The article was comprised of three parts. The first chapter introduced the model cause about the Cheng Guilan charging the 464th hospital. The second chapter analyzed the case in details about the focus between the two sides by combination of the related laws and judicial system in our country. The last chapter analyzed the shortages about the related laws which were used for protecting the patient's rights and balancing interest relationship between the hospital, patient and the producer of the medical devices, and finally some effective advices were given based on this case.
Keywords/Search Tags:detective medical device, medical tangle, product responsibility, allocation of the burden of proof
PDF Full Text Request
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