Research On Damage Liability Of Medical Devices

Medical Devices: Manufactured product for medical consumers to use or been used by medical staff on patients. It can be seen as a special product category in the medical field. Damage liability of the medical device means the damage is caused by defect of the medical devices."Tort Liability Act" is a landmark act during the great historical establishment of civil code in our country. There are major changes to the medical damage system in the "Tort Liability Act". Before the new law, the damage liability of medical devices is too general and simply apply imputation of fault. Scientific imputation system has been applied in the "Tort Liability Act". It unified the concept of medical damage liability, defined basic categories of medical damage, established imputation system. The medical device liability the author analyzed in this essay is all about the medical device products.Starting from define and distinguish the concept of defect of medical devices and the concept of medical damage liability, analyzing the question of cooperation and competition and nature of damage resulted in defect medical device. By comparing the differences before and after the "Tort Liability Act", the author is able to analyze the principle of imputation, examples of previews law cases will be used in this essay to help establish a more practical analyzation and demonstration. The question of whether medical institution should bear the punitive compensation will also be discussed.There will be three chapters in this essay. First chapter will be used to define the concept and law nature of medical devices damage liability. Two parts will be included in this chapter, first part is to define the concept of medical device defect and the concept of medical device damage. Medical device defects including design defect, manufacturing defect, insufficient warning description, tracking record default.The second chapter is dedicated to discuss the principle of imputation. First part and second part of this chapter will be descriptions of principle of liability for fault which is applied before the “Tort Liability Act” and the imputation principle after the new law : medical device damage liability applies the principle of liability without fault. Discussion on the contribution of reinforcing medical damage system by the “Tort Liability Act” will be in the third part of this chapter, mainly from angles of unify related concepts, define liability category and stipulate imputation principle.Last one but the most important one is the third chapter, it mainly discusses which side should finally bear the liability of medical damage. First part focused on the manufacturers of medical devices and medical institutions. Second part analyzed whether medical institution should bear the punitive compensation. Third part is about methods of bearing liability:liability subject should bear joint-liability without fault, liability subject should also deal with internal compensation. Based on the comparison of the joint-liability and unreal joint-liability, previews legal cases were used here to analyze the methods of bearing joint-liability of medical device damage.