Research On The Confluence And Cooperation Of Damage Liability Of Advanced Medical Products

In recent years,the medical dispute in medical institutions and the social life become increasingly emerging,become the focus of attention,especially when a large number of high-tech products have been used in medical treatment activity,once appear damage accidents,it is difficult to clarify the legal principle,make relevant litigation becomes an argument not seesaw battle,for both patients and medical institutions caused more damage.The medical damage caused by advanced medical products is not only a hot issue in public life,but also a difficult issue in judicial proceedings in China.Advanced medical products damage research is related to the citizen’s right to life,the right to health and body weight,also related to its own survival and development of medical institutions,also relates to the entire social security and harmonious and stable,legal issues of the research on advanced medical products in medical treatment activity for ease the doctor-patient relationship,to better safeguard the legitimate rights and interests of both doctors has the vital significance.However,there are few provisions in current laws on how to define the tort liability when medical damage of advanced medical products causes damage to people,which is not conducive to solving the problem fundamentally.Currently,advanced medical products are still unable to have independent legal personality and independent learning,and belong to the category of product objects.However,compared with previous medical products,due to the complexity and unpredictability of their technology and other factors,the damage they may bring also deserves people’s vigilance and response.It can be seen that the advanced medical product mentioned by the author in this paper is defined as a medical product with complex technology but unable to carry out autonomous behaviors,only to assist human doctors in diagnosis and treatment activities.In the medical product damage,based on the same medical product damage fact,patients can exercise the right to claim for tort damages or breach of contract damages,which constitutes the medical product damage liability confluence.But the establishment of this obligation is not ideal,because in the process of practice,even if the patient has a damages claim to exercise the option,the patient no matter use what kind of damage compensation claims but are unable to realize the rights and interests of comprehensive benefits,the infringement of the current our country with the concurrence of liability for breach of contract mode certainly limit the rights of patients with claims that way,The comprehensive relief of patients’ rights and interests cannot be realized.Therefore,the author tries to take the concurring problem between the liability for breach of contract of medical damage and the product liability of medical products as the focus of this paper,and puts forward his own views on how to solve the concurring problem of medical damage liability caused by advanced medical products.This paper is composed of three parts: introduction,text and conclusion.The introduction part elaborates the background and significance of the topic,the current research situation at home and abroad,the research method and its innovation point,which lays the foundation for the text discussion.The conclusion is the summary and prospect of this paper.Text discusses respectively from four parts: the first part introduces related typical cases,according to the case using represented by "the Da Vinci surgical robot",a senior medical products situation,the problems existing in the medical damage of analysis discusses the advanced medical products situation of medical damage how qualitative,compare cases at home and abroad,and puts forward problems.In the second part is advanced medical products damage liability concurrence of related overview,first define what is a senior medical damage under medical products,secondly,discusses what is the cause of medical damage liability concurrence and,again,introduced the domestic and foreign academic circles about the liability concurrence of several mainstream theory point of view,finally,to in the face of the senior medical products under the medical damage problem,The necessity analysis of why we should choose the applicable liability competition and cooperation rules is made in order to pave the way for the following statement.The third part is the theoretical analysis of the liability for breach of contract of medical damage under advanced medical products and the liability for tort of products.The first part states the concept and constituent elements of the two liabilities,and then finds out the similarities and differences of the two liabilities for comparative analysis.Through the comparative analysis of the two liabilities,it can be seen that,The product liability of advanced medical products and the liability for breach of contract of medical damage are very similar in the principle of imputation,burden of proof and so on,but there are many differences in the limitation of action and jurisdiction court.It also aims to find out the advantages of the two kinds of responsibilities in the specific application process and which one can better protect the legitimate rights and interests of the patient.The fourth part mainly elaborates the use of advanced medical products situation of medical damage liability concurrence of related issues,including the main difference with product liability for damage liability,establishing clear medical liability for damage compensation scope and standards,etc.,on how to better solve the problem of advanced medical products under the medical damage concrete measures are also put forward some Suggestions,For example,the establishment of specialized advanced medical product supervision and management institutions,the establishment of advanced medical product safety standards,compulsory liability insurance claims,the improvement of the burden of proof system,so as to promote the efficient settlement of medical injury disputes and the benign development of doctor-patient relationship.