医疗产品损害责任三论

医疗产品损害责任是《侵权责任法》第59条规定的医疗损害责任类型,关于责任分担的规则规定得不够完善,应当根据产品责任的一般规则以及侵权责任法的连带责任规则进行补充.血液属于准产品,应当适用医疗产品损害责任规则确定医疗机构的赔偿责任.消毒药剂构成医疗产品损害责任,其缺陷的判定有一定特点.

On These Three Problems of the Liability for Damages Caused by Medical Products

Liability for damages caused by medical products is one of the liability for medical damages ruled by Article 59 of Law of Tort Liability. However,the rules about the burden of liability are not perfect, which should be supplemented according to the general rules of product liability and the joint liability of Law of Tort Liability. Blood is quasi product. Medical institution should burden the liability caused by blood according to the rule of liability for damages caused by medical products. The disinfectant can cause the liability for medical damages. But its defect definition has its own characteristics.