论缺陷医疗器械侵权中医疗机构的责任分担

The apportionment of liability in medical institution on tort of defective medical device

《侵权责任法》将医疗机构使用缺陷医疗器械致患者损害设计为依据产品责任的一般规则,对医疗机构适用严格责任原则,与生产者构成不真正连带责任。医疗机构作为中间责任人具有合理性,但内部责任法律适用规则仍有待完善。《侵权责任法》应当允许缺陷医疗器械侵权有条件适用连带责任,并就医疗机构在内部责任分担中的规则予以细化。

The Tort Liability Law designs the damage to patients caused by using defective medical devices by medical institutions as the general rule based on the products＇ liability.The Tort Liability Law applies the Strict Responsibility Principle to medical institutions and forms a kind of relationship lawfully called ＂ Unreal Joint and Several Liabilities＂ to the producer.Medical institutions have the reasonableness as an intermediary responsible person,but the applicable rules of internal liability law remain to be further perfected.The Tort Liability Law should conditionally allow defective medical equipment tort to apply to joint and several liability and should elaborate the rules of apportionment on liability in the internal of medical institutions.