Study On The Compulsory Insurance System Of The Accident Damage Caused By Adverse Drug Reactions

Due to the particularity of drugs and the complexity of the human organs, drugs even being under after the government’s inspecting, can still cause a adverse drug reactions. Although nowadays in China there are strict quality requirements on production and on sales of the drug, and there is also punishment basis for substandard medicines. However, there is no legal basis yet on remedy for patients who suffer from adverse drug reactions. The main way of preventing the drug adverse events in China now is through the adverse drug reactions monitoring and management by food and drug supervision and administration department. With the improvement of living standards, people’s attaching more importance to their health and also our government’s caring and respecting more for people’s life and health right, solving this problem by building a system of compulsory insurance of adverse drug reactions through study of ways of adverse drug reactions damage relief is very scientific and feasible. This paper defines drug interactions and adverse drug reactions compulsory insurance, and through actual case analysis this paper also emphasizes the necessity of constructing the adverse drug reaction compulsory insurance system and provides good reasons on building this system through the analysis interests of the victims, pharmaceutical companies and insurance companies. Germany employs compulsory insurance system by implementing compulsory two selective types of insurance for pharmaceutical companies to spread risk and in the meanwhile implementing strict responsibility on damage caused by the adverse drug reactions. Also, the system specifies the compensation scope and limitation of highest compensation, protecting the rights of the patients and also in the meantime considering the interests of pharmaceutical enterprises. On the basis of the mature experience of other countries for reference, this paper creatively puts forward the construction of compulsory insurance system damage caused by the adverse drug reactions of specific measures. This paper details studies on the precondition of claim for the damage for adverse drug reaction, the rights and obligations of both parties in adverse drug reactions compulsory insurance contract, the request body of applying for the insurance compensation, insurance compensation scope, compensation standard and the claiming process, providing legal relief basis for the patients who suffer damage caused by the adverse drug reactions.