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On The Medical Device Product Liability For Damage

Posted on:2012-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2206330335998462Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Medical devices product liability for damage is a relatively new topic, blood products and drugs on liability for damage has been discussed by many scholars. Because medical treatment of patients by blood transfusion has been more common, and routine use of drugs has become an everyday areas. Select the subject of research in this paper due to my mentor Professor Liu Shiguo guide on medical law. The topics reflect the research value of existing product liability and medical malpractice Tort Liability."Tort Liability Act" is a great tortuous of the Civil Code legislative history. Civil law scholars in China caused great debate as at the turn of the 19th century compare to the "German Civil Code". Among writings of many scholars, the famous tort law expert Professor Yang Lixin in an article argues that the medical tort liability is divided into three types:medical ethics negligence liability, responsibility for negligence of medical technology, medical products tort liability. I quite agree with this viewpoint. My research on medical device products liability for damage is just elaborated on the scope of the latter.This paper discuss these following issues:the nature of tort liability of medical devices, responsibility principle, components, medical device product recalls, trying to explore the medical device products liability for damage attributable to some specific to system builders of Medical Devices damage liability legal system to protect the best interests of patients, through the multiple medical and legal perspective, balance the interest of patients, medical equipment sales and producers. Specifically, the structure of this paper is divided into three parts:The first part is the Concept of medical devices. The one who first proposed and studied medical devices products liability for damage is the famous tort scholar expert Professor Yang Lixin. But the follow-up studies currently are scarce. Medical devices are medical products, also translated as "medicinal products", means for diagnosis, treatment of human disease, or restore or change the person's mental or physical combination of substances, including drugs, blood products, medical devices and other products for human use. Medical device products liability for damage is both medical malpractice liability and products liability. But it is also very necessary to protect the legitimate rights and interests of patients and reduce the burden of the victim's actions in the field of medical products which applicable to strict liability tort principles.The second part is the principle of medical devices damage and Elements of Liability. China's medical products liability for damage determined the composition of elements and points of law are:1. Medical devices must be defective products.2. Personal injury patients must have the facts.3. Causal relationship.4. Medical institutions and seller's fault.5. Medical institutions and sellers' liability is not really joint liability.6. Medical products and medical services contract tort liability for breach occurred competing, the victim have the right to choose.The third part of the article is about assignment of liability among the parties, which highlights the importance of industrial development to balance the protection of health and consumer interests.
Keywords/Search Tags:Medical devices, product liability, strict liability, Defective product recall system
PDF Full Text Request
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