Discussion On Medical Product Damage Responsibility System And Its Perfection

The safety of medical products is related to the health and property safety of the people.In recent years,because of the defects in medical devices,pharmaceuticals and other medical products,many medical products have been damaged,and the liability disputes for medical products have become more and more serious.Article 59 of the Tort Liability Law promulgated in 2009 clearly stipulates that the liability for damage to medical products shall apply the principle of no fault liability.That is,the medical institution and the supplier of the medical product should bear the responsibility of the first nature no fault liability.After taking the responsibility,if they do not have fault,they have the right to recover from the faulty party.This paper believes that the application of fault liability to medical institutions is the best system.This principle of imputation is conducive to balancing the relations between the parties and in line with the reform direction of China’s "The separation of medicine and hospital”.This article is divided into four parts:Part 1.A case is introduced,the judgment result of the case caused a hot discussion at that time.In this regard,the community has different views.This paper raises the question of whether the responsibility for medical products damage belongs to general product liability or service liability.Then analyze the relevant theories of product liability and service responsibility.Part 2.Based on the analysis of the principle of imputation applicable to the existing medical product liability in China.This paper questioning the principle that medical institutions should bear no fault liability.This paper demonstrates the conclusions of the medical institution should bear fault liability.Part 3.This article further analyzes the responsibilities of the various responsible entities of medical product liability,and questioning and demonstrating the existing form of responsibility sharing for liability for medical product damage.On this basis,it is determined that the medical institution in the responsibility of medical products should bear the fault liability rather than unreal joint and several liability.Part 4.This paper puts forward some opinions on the improvement of China’s medical product liability system.Establishing the nature of liability for medical products damage is a service responsibility.It is clear that producers and sellers of medical products should apply no-fault liability,medical institutions apply for fault liability.