Study On Liability For Compensation For Medical Institutions Using Defective Medicine Inflicting Injury

In 2006, a counterfeit medicine case occurred in Qiqihar Second Pharmaceutical Factory. The patients who used the medicine and their families accused the medical institutions. The court identified the medical institutions were as medicine sales and judgment that the medicine producers and other sellers should compensate for the loss all together. The ruling triggered a dispute about the legal status of the main medical institutions, the use of pharmaceutical product liability act of nature and commitment to the controversy. Nowadays, the consumer awareness gradually is increasing, so the discussion and settlement of these issues on the regulation of medical medicine with the behavior of defects is very important.Chinese laws and regulations on these issues have not been clearly defined yet. It led to controversy of academic and the chaos of understanding and application in the practice. With the purpose of selling medicine, the medicine institutions buy and use the medicine to patients; therefore, the medical institution is the very medicine seller. Because of the close connection with the medicine, special product, it is different for the medical institutions to use the medicine with ordinary medical treatments. The medical institutions as medicine sellers, using fake medicine should bear strict liability to patients with other medicine sellers and medicine producers, however, the medicine sellers and medicine producers should bear fault liability internally.Through the analysis of the legal status of the main medical institutions, the nature and use of medicine acts Product Liability Principle and the specific form of accountability, the medical institutions should also assume the liability of patients while no fault. After that it could demand satisfaction from pharmaceutical producers and other sellers.Producer license of the producers should be revoked after the incident. If the producers have no ability to pay, the medical machine has become the de facto final person liable. Though it against the original intention of the legislation, compared to consumers, the medical institutions as sellers have more capacity to share risk. After assuming the liability, it will advance that the medical institutions will strengthen medicine management and audit and avoid similar incidents. This ruling was still reasonable.