The Identification Research Of Tort Liability For Medical Product Defects

Medical products is an important part of medical activities, medical personnel use the carrier of life-saving medical knowledge. Medical products this should be its special product attributes serve the people, safeguarding the people’s lives and health, medical products, just like the "sword of Damocles" can not only save lives, but also hurt. Social development can not ask the wrong does not exist, but do not let people under the particular social environment completely to bear the resulting injury. The law in its impartial rigidity to maintain social fairness and justice. Medical products, defects, and thus lead to a series of painful and disputes, the law should its unique role to alleviate this situation. This thesis is identified based on the tort liability of the medical product defects, and then hope that the social environment of the rule of law, make every effort to safeguard the interests of different interest groups, to ease the doctor-patient conflicts, promote the medical and health sector, coordinated and sustainable development.Tort liability for medical product defects identified mainly attributable to the principle of Elements, the burden of proof, responsibility and exemption subject matter. In the process of recognition of research and medical product defect tort liability, first had the concept of medical products to define in order to better in-depth research and medical product defect liability. The paper argues that., medicines, disinfectants, medical equipment is only natural medical products. human organs are outside the scope of medical products, medical services exist complexity is not easy attributable to medical products in the blood is a medical products and not a final conclusions, but for the infringement identified has also given some attention. The nature of the paper described the contents of the medical product defect because it will affect the issue of applicable law in the judicial practice. The paper argues that the medical product defect nature of both product liability and medical damage duality. After the implementation of the "Tort Liability Act". the medical product defect tort liability attributable to the principle of a more diversified, the elements and burden of proof can also be rich in the process of diversification. In terms of accountability,"Tort Liability Act" also gives a clear view. Disclaimer Subject to reference to the subject of the exemption to the "Product Quality Law" discussed the exemption of "defects" are subject to change.