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近年来随着医疗科技的发展,各类新型医疗物品不断应用于医疗领域,这在极大程度上提高了人类健康水平,但伴随来也有医疗风险的增加。诸如因药品、消毒药剂、医疗器械缺陷或者输入不合格的血液造成患者损害的案件时有发生,这在一定程度上加重了医患关系的紧张。就医疗物品侵权责任而言,其是医疗损害责任的一种,不可否认的是它也具有产品责任的某些特性。本文将以《侵权责任法》第59条为中心,着重分析缺陷医疗物品致害责任的构成要件以及责任承担。
In recent years, with the development of medical science and technology, various types of new medical items are continuously applied to the medical field, which greatly improves the human health level, but there is an accompanying increase in medical risks. Cases such as injury caused by drugs, disinfectants, medical device defects or unqualified blood caused by patients sometimes occur, which aggravates the tension between doctors and patients to a certain extent. In the case of medical goods tort liability, which is a kind of medical damage liability, it is undeniable that it also has certain characteristics of product liability. This article will be “Tort Liability Act” as the center of Article 59, focusing on the analysis of the liability components of defective medical liability components and liability.