摘要
Abstract
OBJECTIVE:To provide reference for rational use of responsibility principle involved in medical litigation caused by medical product defect after the implementation of Tort Liability Act.METHODS:Based on jurisprudence research methods,5kinds of responsibility principles involved in the judicial practice were analyzed with dialectical method,i.e.the principle of fault liability,the principle of fault presumption,the principle of strict liability,the principle of equitable liability,the principle of general liability,to explore suitable responsibility principle of medical product defect.RESULTS & CONCLUSIONS:The different responsibility principles are suitable for different cases.If medical product defects are caused by the improper use of medical product by medical institutions and medical staff which result in physical injury of patients,and then the principle of fault liability and the principle of fault presumption is suitable; in the case of the medical product defects are caused by product producers and sellers to result in physical injury of patients,and then the principle of strict liability is suitable for medical products producers and sellers; if the producers and sellers provide reasonable grounds of opposition,the principle of equitable responsibility is more suitable; medical product defects is the fault of the producers and sellers,at the same time,medical institutions and médical personnel do not fulfill a duty of care so as to result in physical injury of patients,and then the principle of strict liability should be first applied,followed by the principle of fault liability; the principle of general liability means integrated use of other 4 responsibility principles and contains different principles,which should be used with dialectical method in specific cases.关键词
医疗产品/缺陷/侵权责任/归责原则/法理学Key words
Medical products/ Defect/ Tort liability/ Responsibility principle/ Jurisprudence分类
医药卫生
