Laws and regulations on attribution of liability for medical device defects

Legal analysis: the patient may request compensation from the holder of the marketing authorization of the drug, the producer, the blood provider, or from the medical institution. After the medical institution has compensated, it has the right to recover the compensation from the holder of the listed license of the medicine, the producer, and the blood providing institution which is responsible.

Legal basis: Article 1223 of the Chinese People's **** and National Codes, if a patient suffers damage due to defects in medicines, sterilized products, or medical devices, or the importation of unqualified blood, the patient may request compensation from the holder of the marketing authorization of the medicines, the producer, or the institution that provides the blood, and may also request compensation from the medical institution. If the patient requests compensation from the medical institution, the medical institution shall have the right to recover the compensation from the holder of the marketing authorization of the drug, the producer and the blood provider who is responsible for the compensation.