Study On The Damage Responsibility Of Medical Organizations In Defective Medical Products

when medical institutions use the defect medical products which cause hurt to patients, the patients can tracing accountability according to the stipulation in Tort Liability Law.When the hurt that caused by defect medical products occurs, patients can tracing accountability to contracting parties according to the stipulation in Contract Law as well. With the increasing of medical products liability cases in recent years, it has some deficiencies in the regulations on medical liability for hurt problems. So it is necessary to improve accordingly. This article proceeds from the insufficient of the stipulation for the assaulting liability caused by defect medical product, then makes pertinent suggestions. The detail as following:The first part is the summary of defect medical product assaulting liability. It defines the concept of defect medical product assaulting liability and introduce the responsibility for tort and the responsibility for breach of contract which are the two types of the liability that is involved in the responsibility that medical institutions use the defect medical products. Finally, it indicate that it is allowed in Chinese law the coexisting of the responsibility for tort and the responsibility for breach of contract which is agreed by the author.The second part is the important part of this article. It indicates and analyzes the shortcomings in the law of medical institutions use the defect medical products hurt responsibility. The shortcomings in Tort liability Law is reflected in the unreasonable responsibility that medical institutions bear, the disadvantage to patients of proofing responsibility, the deficiency of exemptions, the imperfect of defect medical products recall system, etc. The shortcomings in Contract Law is reflected in unnamed the medical service contract, uneasy to judge the medical institutions noncompliance, the single main body who bears responsibility of breach the medical service contract, unable to mention mental injury of breach the medical service contract, etc.The third part is the law stipulation and enlightenment of medical institutions use the defect medical product in foreign countries. Based on foreign related legislation, it points out the lessons for our country’s legislation.The forth part is the most important part. It points out and argues the suggestion to law stipulation of medical institutions use the defect medical products hurt responsibility. To the shortcomings in the law of medical institutions use the defect medical product hurt responsibility which is narrated in the article, it gives the amending advice to Tort liability Law and Contract Law.To the shortcomings of Tort liability Law, the suggestions are to definite medical institutions bearing the responsibility, to implement the stipulation of mitigation burden of proof, to increase the exception incidents for medical institutions and to perfect the defect medical product recall system, etc. To the shortcomings of Contract Law, the suggestions are to name the medical service contract, to define the factors medical institutions’noncompliance, to increase the main body who bears the noncompliance responsibility and to be able to mention mental injury of breach the medical service contract, etc.