On Relationship Between Tort Liability and Special Relief for Adverse Drug Reactions
- VernacularTitle:论药品不良反应的专门救济与侵权责任的关系
- Author:
Jianping ZHANG
;
Yong DING
;
Xiaojie LOU
- Publication Type:Journal Article
- Keywords:
Adverse drug reaction;
Tort Liability;
Special Relief
- From:
China Pharmacy
2007;0(34):-
- CountryChina
- Language:Chinese
-
Abstract:
OBJECTIVE:To study the relationship between Tort Liability and Special Relief for Adverse Drug Reactions (ADRs). METHODS: An analysis was conducted by literature review, logical reasoning and comparative study etc. RESULTS & CONCLUSIONS: In different country or area, the relationship between Tort Liability and Special Relief for ADRs manifested as German’s risk-sharing type, Japan’s supplement type, America’s mixed type. Tort Liability put an emphasis on the assignment and prevention of loss, while Special Relief on the sharing and shifting of risks. The functions of the two were different yet not incompatible, and they should work together to make up for the loss. Meanwhile, we should regard the trend of gradual socialization of the tort law seriously.
