摘要
医疗产品责任是指医方使用存在缺陷的医疗产品造成患方损害时承担的一种侵权责任。《侵权责任法》中“医疗损害责任”一章规定医疗产品责任是由其特殊性决定的，医疗产品责任可分为药品损害责任、消毒药剂损害责任、医疗器械损害责任以及血液不合格致人损害责任等类型。在司法实践中应当注意医疗产品责任与医疗技术责任发生混合时÷医疗机构所承担的医疗产品责任、医疗产品责任惩罚性赔偿、医疗产品责任的诉讼时效等方面的司法适用问题，以指导司法部门公正、合理地解决因医疗产品责任导致的各种医疗纠纷。
Medical product liability is a tort liability taken by the hospitals which causes damage to the pa- tients by using medical products with defects. In the chapter about medical damage liability in the Law of Liabili- ty for Infringement, it is stipulated that medical product liability is decided by its distinctiveness, which can fall into the following categories： drug damage liability, damage liability of disinfectant lack, medical equipment dam- age liability, and damage liability of unqualified blood. In judicial practice, when there is some confusion between medical products liability and medical technology responsibility, we should pay close attention to some law appli- cation problems such as medical product liability： taken by hospitals, punitive compensation for medical product liability, and limits of action for medical product liability, etc., which may guide the justice department to solve all kinds of medical disputes caused by medical product liability fairly and reasonably.
出处
《医学与法学》
2011年第4期15-20,37,共7页
Medicine and Jurisprudence
关键词
医疗产品责任
严格责任
司法适用
惩罚性赔偿
medical product liability
strict liability
law application
punitive compensation
