Study On Tort Liability Of Defective Medical Device

With a few subversive industrial revolutions, Medical technology in biology, materials science, mechanics development aid has become a walk in the forefront of science and technology pacesetter. More and more medical devices had come into people's medical activities. Medical activities based on the principle of saving lives, the requirements for medical device quality and reliability become higher and higher. If there are defects in medical devices in medical activities, ranging from lead this activity is invalid or ineffective treatment, what is worse may lead to disability or even death.Medical Devices is a special product, because of the damage caused by the defect occurred frequently. When damage occurs, how to pursue tort liability, protect the legitimate rights of the victims, it is an important issue in front of us. However, our legislation does not specifically tort liability for medical devices, and related legal provisions are also numbered. In view of this, it is necessary to accurate determine the medical devices difficult issues related to legal infringement and he improvement of legislation.This paper is divided into five chapters, it starting from medical devices and define the concept of tort liability, analysis the particularity of medical devices and tort liability, and thus learn theories and practical legal experience domestic and overseas on medical devices infringement, make a detailed study on medical devices of tort liability, liability structure and responsibility, etc. After that, this thesis has explored the tort liability for defective medical devices and rights issues, and puts forward a number of recommendations related to the Construction and Perfection.