Civil Liability For Adverse Drug Reactions

Adverse drug reaction is one of the characteristics inherent in drugs, it does not happen to people's will. Since the development of China's growing medical technology, new drugs continue to market and widely used, serious adverse drug reactions occur to cause great damage to the victim. There is growing concern about damage to relief the problem of drugs, but currently we do not have a corresponding law to resolve disputes damage of these drugs, resulting in injured patients, pharmaceutical manufacturers, hospitals feel helpless.Adverse drug reactions are the following Elements:drugs must be qualified; subject to rational use of drugs; adverse reactions occur with the medication or an accident unrelated to the purpose, user damage caused by adverse drug reactions are often not subjective fault of the parties. According to In practice, adverse drug reactions due to their complex and specialized nature of the case difficult to prove harm, the victim is basically under the principle of liability without fault, no compensation, no fault liability principle is also part of a special infringement against attribution of conduct to set principles, including a substandard product to cause harm, engaging in high-risk operations such as damage caused to others. Only when the law has special provisions to apply the principle of liability without fault attributable to, caused by the passing of adverse drug reactions drugs do not apply, so a more appropriate equitable principle of responsibility. Reference to foreign legislation and judicial practice of China's current situation, for adverse drug reactions harm the principle of a fair and responsible, according to perceptions of fairness by the perpetrators of the damage to the victim adequate compensation, the parties shall share the loss and reasonable manner. In compensation to victims, first determine the compensation obligation and the claimant, and the scope and method of calculation of compensation, made a claim limitation described.