Compensation System For A Medical Monitoring In The Toxic Food

Infringement of toxic food than traditional tort a major difference is that the damage has the potential, this potential is mainly by the plaintiff future increased risk of contracting a disease, also known as the potential damage. Infringing act out of sync with reality damage make this kind of infringement cases difficult to apply the traditional tort damage compensation theory, plus the complexity of the causal relationship between the more relief way which the patentee has become worse. In this background, in order to realize the relief for the plaintiff and exert the function of tort law to fill the damage, the Medical monitoring system came into being. medical monitoring is a remedy seeking to recover the cost of future medical examinations aimed at detecting an illness or illnesses not present at the time of the lawsuit. This remedy is rooted in a desire to promote the public health benefits of early detection and the lower medical costs that come with early detection. Further, proponents of the medical monitoring remedy argue that it prevents plaintiffs from having to pay for examinations that they would not need but for the actions of a defendant.Though medical monitoring awards absent physical injury remain permitted in nearly half the states whose courts have addressed the issue,the remedy is not without its critics. Some detractors fear that permitting a medical monitoring remedy absent physical injury would place undue stress on the courts,while others fear that permitting a medical monitoring remedy could place undue stress on medical resources.Additionally,Other critics, while not objecting to the medical monitoring remedy perse, fear that medical monitoring awards could lead to plaintiff windfalls and financial disaster for defendants.How to seek the balance between implement the victim's relief and prevent rampant litigation is the key of constructing Medical monitoring.Based on the analysis of medical monitoring system,this paper build up litigation, liability insurance, fund three ways to realize the relief of the concrete system.