Responsibility Of The Medical Equipment Defect Cause Person Damage

During recent years, torts disputes of defective medical device have been more and more serious, though related laws and regulations have provided directions for these cases, especially the7th chapter namely medical damage liability in the Tort Liability Law has been very useful in practice. However, as medical device is a kind of special product, how to define the liability of different parties in order to provide efficient protection and balance the benefit among the parties in the event of damage? It is very necessary and practical to do some research on the tort liability of defective medical device under this background.This passage will be divided into four arts, starting from the analysis of tort liability of defective medical devices:Part one will begin with a specific case to introduce to the topic of liability of defective medical devices, At the same time, analysis will be made upon the definition and criteria of defective medical devices in consideration of the different situations and developing period in different countries.There are three sections in Part two, mainly discussing the theory problem of tort liability of defective medical devices. The first section will discuss the general consisting conditions of defective medical device tort, which include the use of defective medical devices, the result of damages, and the cause-result relationship between the above two. The second section will put more attention to the liability principle. The Presumption of fault principle will be applied from the economic aspect as the other liability may do some negative effect on the social practice. The last section will discuss the exemptions and defiance in such torts, for example,The right of informed consent, Nature lesion and Emergency medical treatment, under which situation such action could be exempted.Part three will discuss some practical problems. Firstly, the inversion of onus probandi is discussed, but this rule does not mean that the plaintiff bears no responsibility of proof or the defendants only bear the burden to prove under certain situations. The Compensation for Mental Damage will also be discussed as its optimistic side overreaches the negative aspect though the quota of mental damage may be needed. The last section will do some research on the responsibility sharing of the liability, mainly among the producer, the seller and the hospital.The forth part will provide some suggestion based on the above three parts. In consideration of the seriousness of the problem, new laws and regulations shall emphasize benefit balance built among different parties.