Study On The Liability Of Medical Apparatus And Instruments Product

The top ten characters in2007moved to China, revealed the hospital unqualified medical instruments insider of Chen Xiaolan events, Caused the social public to medical devices quality defects of simplicity, tort liability law for patients after receiving damage claim also to whom has carried on the clear instructions. Due to the use of medical device quality defects as a result of infringement problems, the victim can claim to producers and sellers, the medical institutions to safeguard their own legitimate rights. As is known to all, the quality of the products is to our body safety, related to our personal rights, can not be ignored, and medical apparatus and instruments is to the patient’s life, the right to health has great influence, if not its value, could lead to major social problems, also will affect the relationship between the family of the medical institutions and patients, is to let the doctor-patient disputes harder still, and the law in this respect, too general, only gives a very general standard, only shows the responsibility main body, for other questions are not clear, it could lead to advocate for the rights of patients don’t know how to remedy, can’t find the way, although the subject can be found, so there exist some problems in the law.Medical device problem is not only related to both doctor and patient, also be product liability, so it cannot leave the producers and sellers of problem, this article will from the product quality law and tort liability law, and other law between were discussed, the hope can give the victim a clear framework, and the concrete operation process, the problems to make a very clear answer. Due to the current domestic research status, also more scholars point of view, and judges in practice life summed up and scholars point of view also has certain differences, lead to domestic at present for this problem is not clear. And currently abroad such as the United States, Japan, Europe and other countries were also have inconsistent, so want to give a very clear about this question answer not only to combine the foreign situation, also want to study the present situation in our country, to comprehensive consideration, to achieve a good balance between patients and medical institutions and other operators. Combined with the legal provisions in China, responsibility for medical device products do a good regulation, in order to claim, the victim can be good allocation of responsibility on the other hand, can also guide the market main body to good improvement.And the law of tort imputation principle to medical devices and concurrence of liability provisions are not clear, based on medical apparatus and instruments product liability imputation principle, its constitutive requirements, as well as the positioning of the medical institutions to do the detailed introduction, hope it could be able to make contribution to the research of medical devices.