试论药品不良反应民事责任和救济制度

药品不良反应主要是指合格药品在正常用法用量的情况下出现的与用药目的无关的或意外的有害反应。药品发生了不良反应 ,应由有过错行为的生产经营者承担法律责任。在各方都无过错时 ,国家应当建立药品不良反应救济制度予以救济

Civil Liability and Relief System of Adverse Drug Reaction

Adverse Drug Reaction,an adverse reaction to a drug is defined as any noxious or unintended reaction to a drug that is administered in standard doses by the proper route for the purpose of prophylaxis, diagnosis or treatment. Cases where the manufacturer is clearly liable for health damages are that they failure to warn or failure to obey law of medical product .In most cases, it is difficult to claim a liability under civil law for reparation for health problems caused by adverse drug reactions. Even if legal action is taken, it will involve much time and effort. The Adverse Drug Reaction Relief System is established to provide rapid relief for adverse reaction sufferings apart from the matter of liability.