Damage Liability Of Medical Products

Disputes in recent years gradually increased medical products. He applied for medical products damage the principle of attribution, "Tort Liability Act," which made special provisions. Article 54 of the Act states: "Patients at the clinic activities, damage, medical institutions and medical staff at fault, the liability of medical institutions."It can be seen, for the average medical malpractice liability tort law applicable to the principle of fault liability. In section 59 of the Act for medicines, disinfectants, medical equipment defects and failure of the input to cause damage of blood products liability for damage done that: "due to drugs, disinfectants, medical equipment defects, or enter failed damage the blood, or blood of patients can be provided to producers who seek compensation, they may also seek compensation for medical institutions. Patient to seek compensation for medical institutions, medical institutions, compensation, the right to responsible producers or blood providers recover. "Accordingly, we can consider for these four special medical products, Tort Liability Act is applicable to the principle of attribution of liability without fault. As long as the existence of defects or failure of blood type, the injured patient can seek compensation. For general product liability, our "Product Quality Law," Article 29: Due to a defective product causes personal injury or property damage other than defective products should bear the liability. Between these competing terms, how to distinguish in practice to apply the focus of this study.The first Chapter of this thesis from the infection through blood transfusion, with the lawsuits proceed, medical product liability for damage leads to the application of the principle of attribution. Chapter II of the academic medical products from different points of view the damage and draw comparison with other countries and regions, damage to this area of medical products practice, combined with our tort law, and analyzes its problems, in The final chapter points out the damage to medical products liability and general product liability the difference between lay the foundation for the discussion below. Chapter combination mentioned above, on how to improve China's principle of attribution of medical products to present their views. Chapter IV is a combination of the above theoretical analysis, the case for tort Benwensuoyin analysis, with a view to the future of our judicial fields such cases to provide a little reference. The last part is the conclusion.