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在医疗产品损害责任体系中,当医疗产品存在缺陷时,医疗产品的生产者和销售者有义务召回,这种义务不因发展风险的抗辩而免除。在流入市场后,经营者仍负有高度注意义务,特别是医疗机构,由于其对医疗产品使用的决定性导向作用,不能排除自身无过错责任的承担,因召回义务不履行而造成他人损害的,将构成医疗产品侵权。此过程中,惩罚性赔偿制度的适用对侵权损害的避免具有积极的保障性作用。
In medical product damage liability system, producers and sellers of medical products are obliged to recall when medical products have flaws, and such obligations are not exempted from the defense of development risks. After entering the market, the operator still has a high degree of duty of care. In particular, medical institutions, because of their decisive role in guiding the use of medical products, can not rule out the responsibility of their own faultless liability and cause damage to others due to failure to perform the recall obligations. Constitute a medical product infringement. In this process, the application of the punitive damages system has a positive protective effect on the avoidance of infringement damages.