Legal analysis: If the drug or medical device does have the defects stipulated in Article 46 of the Product Quality Law, that is, the product is in unreasonable danger of endangering the safety of people and other people's property, and the product violates the national standards and industry standards for protecting human health and personal and property safety, the manufacturing enterprises and medical institutions shall be jointly and severally liable for the tort liability. If it is the responsibility of the producer, the medical institution shall compensate, and the institution shall have the right to recover from the producer of the product. If the patient's damage is caused by his failure to cooperate with the treatment according to the doctor's advice, such as not taking proper exercise or not taking it on time, then the patient should bear the consequences of the damage himself.
Legal basis: Article 43 of the Product Quality Law, if a product defect causes personal injury or property damage to others, the victim may claim compensation from the producer or seller of the product. If it is the responsibility of the product producer and the product seller compensates, the product seller has the right to recover from the product producer. If it is the responsibility of the product seller and the product producer compensates, the product producer has the right to recover from the product seller.
"Product Quality Law" Article 46 The term "defects" as mentioned in this Law refers to the unreasonable danger of products endangering the personal and property safety of others; If the product has national standards and industry standards to protect human health and personal property safety, it means that it does not meet the standards.