Defective Medical Products Tort

In recent years, medical injury disputes continue to be seen in the newspapers,the doctor-patient relationship is extremely tense, and has become the focus ofattention by the society. Apart from damage due to medical malpractice cases inmedical malpractice cases, defective medical products for medical devices, drugs andblood products to patients damage caused by medical disputes and litigationaccounted for a large proportion of the rise trend.Such infringement cases increase, caused widespread concern in society, anddamages for tort liability for such infringement cases, before the introduction of thePeople’s Republic of China Tort Liability Act "(hereinafter referred to as the" TortLiability Act "), who will bear theproblem and there is no special legal regulation,resulting in judicial practice, there are a lot of law applicable to the problem, and inturn lead to a realistic compensation and relief the problem is not a practical solution.The first special chapter of the "Tort Liability Act provides for medical liability fordamage first occurs due to defective medical products lead to tort liability medicalproduct liability will be placed within the scope of tort liability. Infringement of thelaws applicable to solve medical products, provides a more clear idea of liability."Tort Liability Act, the provisions of this problem is not perfect, for example, it doesnot explicitly require medical institutions and the status of the blood providers natureand attribution of responsibility principles; On the other hand, in the case of medicalinstitutions, the principle of strict liability, did not make a reasonable way to resolvethe sources of medical institutions compensation funds due to medical institutionsoperating characteristics of social legitimacy, We can not because of the grossnegligence of medical institutions have one or two and make it into a the operationdifficult position. Medical institutions, troubled, and finally damaged the majority ofthe medical staff. Therefore, by comparing the analysis, empirical analysis，Departure from the American tort law, and the reference method, and Japan, Britainand other countries on such issues to be compared with the current legislation, theprinciple, the burden of proof from the imputation of responsibility, causalrelationship, Learn from the United States and other countries jurisprudence and thetheory of tort liability on defective medical products, combined with our countryconcrete national conditions, a more detailed study of the tort liability system fordefective medical products in China, and put forward feasible suggestions to improvethe medical system of product liability, and thus better safeguard the legitimateinterests of the majority of medical treatment personnel, and medical institutions tobetter serve patients.