Civil Liability For Adverse Drug Reactions

With the development of the economic and the living standard, people pay the more attention to healthy. The pharmacy industry becomes the backbone industry which links to the people's living. As everything has two faces, the pharmacy can control and cure the disease while cause many Adverse Drug Reaction cases in the whole world.With the limitation of the science and technology, many Adverse Drug Reactions cannot be found in the government approval stage. Even the pharmacy which is approved by the government may cause the Adverse Drug Reaction to some people when the treatment process is correct. The restrain of the science and technology is the essential reason. The pharmacy likes a two-edge sword, it can cure the diseases while causes the Adverse Drug Reaction. It is an objective phenomenon and a medicine risk and it cannot be completely avoided.According to relevant regulation, Adverse Drug Reaction is defined as the harmful injury which is raise from the qualified pharmacy and the regulate usage. The qualified pharmacy means it has no relation with product quality so that the Adverse Drug Reaction cannot be subject to the Regulation of Medical Treatment or the Contract Law. But the injury shows that the consumer suffered from the Adverse Drug Reaction.It is an awkward that there is no law or regulation to define the Adverse Drug Reaction and there is no rescue to the injured. Not only the America but also the German and the Japan have the relative regulation to adjust the Adverse Drug Reaction. The injured can get sufficient remedy in time through the lawsuit and the other way.Is there any legal liability in the Adverse Drug Reaction cases and who shall afford it? Do the damage be rescue and by which way to relieve. Many issues shall be adjusted by law.The purpose of this thesis is to analysis the civil liability and establishes the Adverse Drug Reaction system and rescue the victim sufficiently with comparison of legal system home and aboard.According to Chinese Civil Law, the people has the living and healthy right. It is certain that people suffered in Adverse Drug Reaction. Although the remedy system and the legislation are differing, the liability shall be the strict liability is accepted by most countries. Thus China shall adopt the strict liability as most country does. The purpose of this thesis is to establish the Adverse Drug Reaction system and remedy the victim sufficiently by different ways.