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Tort Liability Of Medical Products

Posted on:2016-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
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In recent years, medical products damage the growing dispute, the doctor-patient relationship strained, become one of the hot issues of social concern. As public awareness of the law and the growing awareness of rights, the right to relief for medical injury problems after study has practical significance. In judicial practice in China, for medical activities damaging disputes in different periods have different approach. Prior to the implementation of tort liability law, medical injury disputes occur after patient empowerment medical malpractice, determine a different approach based on the identification results. After the implementation of the Tort Liability Act, for medical injury disputes process has undergone major changes in tort law liability for medical damages were specified, for the occurrence of medical injury disputes, medical malpractice is not a necessary procedure, can directly request the responsible person to assume liability for damages.Tort Liability Act Article 59 of medical products were special provisions for tort liability, medical products tort liability related to the general medical tort liability and product liability, subject involves not just patients and medical institutions, including the medical products related third party. In practice, the identification of medical products for tort liability, liability apply the principles and to determine responsibility and so faced a lot of problems. Such as medical products tort liability and how to distinguish between general medical damage liability; medical products, medical institutions whether in tort liability as a seller status; how there is a causal relationship between the defect and the damage proved product liability should be assigned and so on. Based on practice and judicial decisions in the cases were analyzed, and related issues, research medical products liability principles and constituent elements of tort liability and general product liability and general medical damage liability for damage analysis and comparison, to discuss China’s current legal existence less and make relevant recommendations to improve, to perfect the legal system of medical products tort liability, and protect the legitimate rights and interests of the parties.This paper is divided into five chapters:The first chapter summarize medical practice liability for damage occurred disputes, for example, analysis of medical product liability damages focus of controversy in practice, the Court of First Instance of the case, the reasoning part of the second trial, the legal use of the verdict and the presence of Thinking differences research proposed product related issues from the legal system of China’s medical tort liability and judicial practice.The second chapter describes medical products, the general theory of tort liability, liability in principle, introduce the relevant legal systems of the world’s other major countries, the presence of academic analysis of several viewpoints, including fault liability that say no-fault liability and integrated said. Tort Liability for Medical Products Liability Principle analyzed and presented deficiencies which exist.The third chapter constituent elements of tort liability of medical products for serious analysis, combined with the case cited herein, focusing on medical defects identified in practice, there is the burden of proof of causation attribution problems between damage and defect identification and damage.The fourth chapter characteristics of medical products on their own tort liability, from the main responsibility, the general rules and defenses terms and general product liability for damage and general medical damage liability Compare clear medical institutions in medical Tort Liability cannot be equated to the sales person, sales should be held accountable.The fifth chapter based on the analysis of the text of the previous study, the main responsibility from perfect, the establishment of fair rules of evidence and accountability mechanisms put forward some ideas and suggestions for improving our medical products related tort liability system.
Keywords/Search Tags:Tort liability of medical products, Responsibility principle, Product liability, Medical liability
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