Legal analysis: in accordance with the "Chinese people's *** and the State Product Quality Law" Article 43 of the provisions: due to product defects caused by personal, other people's property damage, the victim can be to the producer of the product to claim compensation, but also to the seller of the product to claim compensation. If the seller of the product compensates for the responsibility of the producer of the product, the seller of the product has the right to recover the compensation from the producer of the product. If the seller of the product is responsible and the producer of the product pays compensation, the producer of the product has the right to recover the compensation from the seller of the product.
The law makes it clear that the patient can ask the hospital to bear the responsibility of compensation, but also can ask the medical device manufacturer to bear the responsibility of compensation. If the hospital has already assumed liability first, and the court determines that the injury was caused by the medical device, then the hospital can recover compensation from the medical device manufacturer according to the law.
At the same time, Article 42 of the Product Quality Law stipulates that: due to the fault of the seller of the product defective, resulting in damage to persons, other people's property, the seller shall bear the responsibility for compensation. Sellers can not specify the producer of defective products, nor can they specify the supplier of defective products, the seller shall bear the liability.
When the medical institution encountered the kind of medical disputes, if the medical equipment does exist quality defects (such as: internal fixation plate, screw breakage, vascular guidewire separation, etc.), the determination of the more clear, the hospital should be actively contact the producer of medical devices, sellers, and require them to take the initiative to assume legal responsibility, but also can be recommended to the patient directly to the producer of medical equipment and sellers to actively negotiate a solution to the legal dispute. Legal disputes. This will guide the responsible person of the dispute to the relevant organizations and companies, avoiding the medical institutions to consume a lot of time and energy in the "tug of war" between them.
Legal basis: "Regulations on the Treatment of Medical Accidents" Article 34 of the technical appraisal of medical accidents, appraisal fees can be charged. After identification, belonging to the medical malpractice, appraisal costs paid by the medical institution; does not belong to the medical malpractice, appraisal costs paid by the medical malpractice application. Appraisal fee standards by the provinces, autonomous regions, municipalities directly under the Central People's Government price department in conjunction with the same level of the financial sector, health administrative departments.