Comments on the Article 1223 of the Civil Code(Liability for Damage Caused by Defective Medical Products and Substandard Blood)
The liability for damage caused by defective medical products follows the principle of no-fault liability,and the liability for damage caused by substandard blood should not be distinguished from that of defective medical products.When determining the presence of defects in medical products or the qualification of blood,the basic criterion should be the presence of unreasonable danger,with mandatory standards serving as secondary criteria.Although this article does not specify sellers as the liable subject,according to the gen-eral provisions of product liability,sellers are also the liable subject for the damage liability caused by defec-tive medical products.In addition,according to the Regulations on the Supervision and Administration of Medical Devices,medical device registrants and filers should also be the liable subject under this article,and the provisions of drug marketing authorization holders should be applied by analogy in the application of law.The external form of liability for damage caused by defective medical products and substandard blood is joint liability,which does not constitute a necessary joint action in the litigation structure.When the liable subject under this article knows that there are defects in medical products and still uses them,resulting in the death or severe health damage to patients,there is still room for the application of punitive damage liabil-ity.When medical institutions,sellers,transporters,or storekeepers are at fault in the occurrence of defects in medical products or substandard blood,they should be the ultimate liable subjects.Otherwise,the ultimate liable subjects are the drug marketing authorization holders,medical device registrants,filers,producers of defective medical products,and blood provider institutions.
Defective Medical ProductsSubstandard BloodMedical Damage LiabilityProduct Lia-bilityRight of Recovery
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