Research On Liability For Infringement Of Detective Medical Devices

In China,a considerable part of medical malpractice is mainly caused by the defects of medical devices used by medical institutions and medical staff,and such medical malpractice is different in essence from those caused by the faults of medical institutions and medical staff.In such accidents,product liability and medical liability are often intertwined,which makes the application of law and liability determination of this type of cases very controversial.The tort liability of defective medical devices involves not only the right to life and health of patients,but also the rights and interests of medical device manufacturers,sellers and medical institutions.However,at present our country medical equipment management system and related laws are not perfect,the tort liability law in our country for the character of the defect of medical equipment,the principle of imputation,liability concurrence of problems,such as simple fuzzy rules,the victim disoriented when human rights,and justice in the courts also often feel lost,therefore,in order to better regulate medical equipment industry,safeguard the legitimate rights and interests of the victim,to carry forward the spirit of fairness,justice of law,our country's legal workers and scholars should be in-depth study medical tort liability for defects,in order to perfect the relevant laws,Give the patient and the responsible subject reasonable and fair legal judgment.It is expected to provide some useful reference for the improvement of the legal system of liability for tort of defective medical devices in China.Firstly,this paper introduces the research background,research status review,research contents and methods,and discusses the great significance of the research on the liability for infringement of defective medical devices.Secondly,it summarizes the liability of defective medical devices,including domestic legislation status,the definition and particularity of the liability of defective medical devices,and the main body of the liability of defective medical devices.Thirdly,the author has sorted out some important controversial issues in the liability of tort of defective medical devices in China.Finally,put forward feasible opinions and Suggestions on existing problems,hoping to improve relevant laws and regulations to protect the rights and interests of victims.