Research on Legal Problems and Countermeasures of Drug Defect Infringement-From the Perspective of Right Relief

OBJECTIVE To solve the problem of right relief of drug defect infringement and to protect the legitimate rights of patients. METHODS The legislative status and right relief status of drug defect infringement were reviewed, the existing problems in the right relief of drug defect infringement in China were analyzed, and the corresponding solutions were put forward. RESULTS The relevant legislation of drug defect infringement was imperfect, the number of rights relief cases was small and the success rate was low, and the reality of rights relief was worrying. The lack of the concept of drug defects and the unclear identification standards, the unclear principle of tort liability, the unreasonable distribution of burden of proof, the single relief way and the difficulty in identifying drug defects were the practical problems in the right relief of drug defect infringement. CONCLUSION The right remedy of drug defect infringement can not be ignored. It is necessary to regulate the problem of drug defect infringement by clarifying the concept and identification standard of drug defect, improving the legislation of imputation principle of drug defect, broadening the relief way, improving the drug identification system and establishing and perfecting the multiple relief system, so as to improve the quality of drug services and ensure the safety of medication.