Judgment Research On The Damage Caused By Implanted Medical Devices

In 2010,The sensational "Qieryao event" concluded,"Qieryao" decision has attracted the attention of the society.The "tort liability law",which was promulgated in the seventh chapter,stipulated the liability of medical ethics damage,the liability of medical technology damage and the liability for medical product damage,constitute the complete system of medical damage liability,the most characteristic of this system is the regulation of liability for damage caused by medical products.With the rapid development of science and technology and medical products industry,medical products infringement cases have occurred,the most prominent cases of medical devices infringement cases.The medical device mentioned in this article refers to the medical device that is implanted into the human body.Medical device infringement cases caused by medical device defects,as the risk of medical device itself,it can not be inferred its results from the physical damages,which made that the patients could not be comprehensively and effectively protected by the personal tort protection system.Therefore,it is significant to investigate the cases about the damage which is casused by defective medical devices.This article started from the 102 cases of itslaw about tort liability of implanted medical devices.The article was comprised of three parts.The first chapter introduced the present situation of the injury cases caused by the implanted medical devices in our country,and points out the reasons for the current situation in the judicial practice.The second chapter analyzed the case in details about the focus between the two sides by combination of the related laws and judicial system in our country.The last chapter based on the analysis of the focus of the cases to puts forward some suggestions on the existing laws and regulations.