Research On Adverse Drug Reaction Infringemen

It is a long-term consensus that drugs have the dual role of treating and causing disease.When people use drugs to fight against diseases,they will also suffer unpredictable damage because of the defects of drugs and the physical reasons of patients themselves.Every year,there are countless infringement cases caused by adverse drug reactions.Different from the ordinary infringement cases of defective products,the quality of the drugs involved in this case met the standards,and the use and dosage were not wrong,but caused accidental injuries unrelated to the diagnosis and treatment of diseases.At present,there is no targeted mediation and handling of this special event of infringement in our country.On one hand,there is a large number of victims in urgent need of relief,on the other hand,there is an imperfect and unscientific relief mechanism.If we do not find a proper way to deal with it,the contradiction will become increasingly fierce.By adopting the methods of case analysis and theoretical argumentation,this article focuses on five aspects of adverse drug reactions,namely,the nature of adverse drug reactions,the subject liable for the infringement,the elements constituting an infringement,the legal effect of remedies for the infringement,and the burden of proof,through jurisprudential argumentation,to explore and establish a set of lawful,feasible,and long-term infringement remedy mechanism for adverse drug reactions.Based on the basic national conditions of our country,the paper clarifies the attribute of adverse drug reactions and the components of tort liability from the point of view of the victims.I hope this shallow analysis can be a reference for the vast number of victims to safeguard their rights according to law and effectively.