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Analysis On Infringement Liability Of Medical Products

Posted on:2016-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:P J CongFull Text:PDF
Abstract/Summary:PDF Full Text Request
In recent years, the news media continue to report all kinds of medicaldamage cases, the contradiction between doctors and patients has become more acute, the contradiction is more and more attention. And in thesemedical damage cases, mostly because of medical disputes and litigation cases medical products cause harm to patients caused by the part of the case, this proportion is very large, and the upward trend. In the “liability tort law” 59 of the Act states: "because of defective drugs, disinfectants, medical devices, or enter the unqualified blood damage, patients request compensation from the Producer or the blood provider, and they can request compensation from the medical facilities either.If the patients request the compensation from the medical facilities,the medical facilities have the rights to recover from the blood providers. From the law the provisions we launched, four types of medical products in the method mentioned, apply the no fault liability principle. But medical products damage to people is a kind of special tort, its not only for medical fault liability and the applicable of medical product liability, how to apply the two?Medical institutions and medical tort liability of defect product producers and sellers how to bear the responsibility? These problems will be discussed in this discourse center.
Keywords/Search Tags:Medical products liability for damage, The principle of attribution, damages, Legislative proposals
PDF Full Text Request
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