The Research On Responsibility Of Drug Infringement In Medical Institutions

Medical institutions is health agency engaged in disease diagnosis, treatment, is also the place where people provent and cure of diseases, health care. In clinical activities, drug is one of the common medical products, and patients get most of medicines through the medical institutions. However, in recent years, there were drugs damage accidents often occur, which caused the public and the government’s care and attention. These accidents not only caused seriously damage to the patients with personal, spiritual, and property, but also clouded the doctor-patient relationship. But in academia, there is still some controversy about the imputation principle of the responsibility of drug infringement in medical institutions. Drugs are special products, and there is certain complexity in clinical medication. In addition, it is difficult to investigate and collect evidence in order to prove causality when damage appeared. Therefore, the research on responsibility of drug infringement in medical institutions that has certain difficulty and need to more research. This paper attempts a systematic study about this subject.Aside from the introduction and conclusion, this paper is divided into three parts. The main contents are as follows:Part One:The present research and results at home and abroad. Introduce the situation about responsibility of drug infringement in medical institutions in some countries. In our country, focus of controversy is subject status of medical institutions, seller or drug user, and apply to the Imputation principle, No-fault principle or Fault principle. Therefore, leading to the main meaning of "infringement" drugs.Part Two:Off—Label Uses in medical institutions. It is very common in clinica that doctors don not use medicines according to the pharmaceutical directions. This paper mainly introduce over dosage, over indications, drug combination, and leaflet is difficult to guide clinical rational drug use, etc. At the same time, it is fuzzy to define the Off-Label Uses according to current relevant laws and regulations, and lack of responsibility.Part Three:Discuss the imputation principle of infringement of drugs in medical institutions. Such as defective drugs, medical treatment fault, non-rational use drug, medical fault liability and defect infringement of pharmaceutical preparations of medical institutions joint infringement, defects, etc. At last, there is abrief description about medical institutions on irresponsibility and mitigation of responsibility of drug infringement.