浅析药物纠纷

Simple Discussion on Drug Disputes

分析了导致药物纠纷的原因 ,探讨了医、患双方的关系。认为规定将药物纠纷归责于医疗和制药方的“违约”或“侵权” ,都有不尽人意的地方。主张允许受害人从“违约”和“侵权”中选择对自己有利的一种诉因 ;涉及药品质量问题和医疗机构用药失误的诉讼 ,应实行“举证责任倒置”制度。

The causes for drug disputes were analyzed, and so were the relationships between the hospital and patients discussed in this article. The author thought it unsatisfactory to attribute all the faults to the medical treatment of the hospital and the breaking of the contract or the violation of the rights from the pharmaceutical factory. Suggestions have been made for patients to choose either of the two as the advantageous reason for their lawsuit. A 'Responsibility Reverse' system should be carried out to handle the lawsuits concerned with the quality of the drugs and the mistreatment of medical institutions.