Study On Strict Liablity When Medical Institutions Provide The Defective Medical Products

The aiming of setting the responsibility of defective medical product tort liability is to solve the problem how the producers?sellers?medical institutions to take the responsibility when defective medical products cause property damage?physical damage.In the present situation,there is no laws particular about defective medical products tort liability.After the promulgation of the Tort Liability Law of People's Republic of China in2009,the liability of medical institutions is mainly applicable to the strict liability of the tort liability law.At the beginning of the legislation,the purpose of the medical products tort responsibility is to let the medical institutions to take the strict responsibility to protect the interests of the patients,but under the reforming of the medical system of medical products in China,this law has gradually lost the foundation of application.Comparing the responsibilities of the medical institutions in the developed countries about this,medical institutions have the following problems : firstly,the relationship between doctors and patients is wrong;secondly,it is not consistent with the development theory of strict liability;thirdly,it is incompatible with the current medical reforming direction.In my view,about the medical institutions responsibility,there are two suggestions I can provide: firstly,the two ways of solving the responsibility of medical products,the fault liability of the public medicalinstitutions,the strict responsibility of the private medical institutions,and the development of the excusatio-responsibility of the medical institutions.Secondly,in consideration the regulatory role that the state regulatory authorities play when producers produce,research and develop medical products,and put them into the market,the supervision department of the state should be included in the part of the responsibility.