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Judicial Case Study Of Liability For Medical Device Damage

Posted on:2019-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2356330545493721Subject:Medical and Health Law
Abstract/Summary:PDF Full Text Request
The "Tort liability law of the People's Republic of China"(hereinafter referred to as the Tort liability law)which formally implemented on July 1,2010 establishes an independent status of liability for damage of medical devices in Article 59,The "Interpretation of Several Issues Concerning the Application of Law to Damage Liability Disputes Cases" which promulgated in December 2017(hereinafter referred to as the "Interpretation")further regulated the liability for damage of medical devices.The Tort Liability Law and the Interpretation provide specific guidelines for proper handling cases according to law,and to some extent,ease the increasingly tense relationship between doctors and patients in China,which is conducive to the construction and development of a harmonious society.The liability for damage of medical devices is of a particular nature.First,it is of a dual nature-it is both a responsibility for medical damage and product liability.Second,the main body of responsibility includes diversity,medical institutions,manufacturers and sales of medical devices.Third,the determination of causality in medical device damage liability is very difficult.In the process of responsibility determination,the first thing that should be clarified is the principle of no-fault liability applies to the liability for damage of medical devices;secondly,because the subjective fault of the responsible subject is not taken into account,the constituent elements of the responsibility for damage of medical devices include defects in the medical devices and the fact that the patients are injured.There must be a causal relationship;the fact that the causation in the liability for damage of the medical device is proved by the patient,but the patient can solve this professional judgment by applying for appraisal;at the end of the analysis,the patient has the right to sue from the perspective of responsibility sharing.Some or all of the responsible parties are required to bear the liability for damages,and the intermediate responsible person shall have the right of recourse against the ultimate responsible party after compensation.In order to better explore the specific implementation of the liability system for medical device damage in China,this paper uses a total of 190 medical device damage liability cases that were heard from the Chinese Judgment Network from July 1,2007 to June 30,2017.Objectives:Summarize and sort out these cases,and statistically analyze the data by analyzing a series of data such as the region,time,hospital level,cause of action,defendant subject,litigation subject,appraisal,compensation,plaintiff's winning rate,and case appeal rate.The status of the judicial adjudication of China's medical device damage liability system further confirms that the Tort Liability Law has enhanced the operability of judicial practice and provided useful legal guidelines for the judicial authorities to handle cases involving disputes over liability for damage of medical devices.It is undeniable that there still exist some problems in the legislative system and the judicial system.This paper will analyze the causes of these problems in light of China's actual national conditions.In addition,after the"interpretation"is implemented,the basic situation of China' s medical equipment damage liability disputes will inevitably produce certain changes.For this reason,the author also made appropriate predictions.Finally,there are still deficiencies in the status of medical device damage liability judgments that need further improvement.The specific rationalization proposals:First,introduce and improve the system of third-party mediation of medical disputes;Second,to further reduce the difficulty of patients with evidence,according to the causal relationship elements,you can modify the rules of evidence for patients to bear the initial burden of proof,the responsibility of the subject bear The final proof of evidence;Third,give medical institutions the right to add other responsible subjects;Fourth,improve the medical insurance system;Fifth,expand the range of punitive damages to improve the punitive damages of medical products,and increase the cost of infringement.
Keywords/Search Tags:Medical Devices, Medical Products, Medical Damage, Medical Disputes
PDF Full Text Request
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