The Tort Liability Of Defects Of Drugs In The Medical Institutions

Social progress along with the rapid development of the economy,Over the years, China’s pharmaceutical enterprises and medical organizations in rapid growth under the direct support of national policies,But development is accompanied by risk, driven by the interests of the pharmaceutical enterprises will people’s life safety in the first place, the many shortcomings of drugs,defects medicine circulation into the medical institutions are used in patients, causing patients life safety, caused disputes between medical institutions and patients.According to the Article 59, due to the defect of medicines, disinfectants and medical instruments, or enter unqualified patients blood damage, patients can request compensation from the producer or blood provider,also can to apply for compensation for medical institutions.Claims for compensation for patients to medical institutions, medical institutions after paying compensation, shall have the right to recourse against the responsibility of the producers or blood provider. The article ensures the position that medical institutions belong to sellers.That view needs to be further research,With development of comprehensive consideration of patients and medical institutions the rights and obligations.After all, the medical institutions to provide public health services and medical service institutions, The service aim is "taking patients as the center", safeguard the people’s health, rather than the pursuit of interests.There are no laws about the defect of drugs and no uniform legislative authority for deciding the defect of drugs in our country. When the medical accidents about the defect of drugs appear,it is very difficult to clarify the tort liability of medical institutions. The definition of the theoties of products and the defect of drugsat home and abroad combined with real conditions in our country. The Scope and classification of the defect of drugs and the tort liability of the defect of drugs uesd by medical institutions are analyzed,the imputation principle of medical accidents caused by the defect of drugs in the medical organizations will be discussed and the fact that medical organizations should assume the fault responsibility tort liability of the medical accidents caused by the defect of drugs is proposed to fit the modern development of health care and comply with the modern trend of international development.The provisions of the tort liability law article 59 is in line with the current health development in our country, to the lasting protection of rights and interests of patients, and is conducive to the reform and development of medical institutions. Proposed medical institutions use defect the drug can cause tort liability, the medical institution reform of development to create a good social environment and legal protection, make the patient and trust each other to avoid disputes, medical institutions that medical institutions can set his mind at to serve the people, the people’s health rights and interests can be guaranteed.