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China

Makers of defect medical products to face punitive damage

2017-12-14 09:03:16

BEIJING, Dec. 13 (Xinhua) -- China's top court Wednesday issued a judicial interpretation, clarifying the application of punitive damages in torts caused by defect medical products.

According to the interpretation of the Supreme People's Court, the manufacturers and sellers should be held accountable if they continue to manufacture or sell the defect products while knowing about the defect.

In addition, the interpretation offered practical guidance to medical institutions as to when can they use emergency treatment on patients in critical conditions without approval of close relatives.

If close relatives cannot be identified or reached, refuse to give an opinion, or cannot reach consensus, medical institutions may use the measures immediately, according to the interpretation.

The interpretation also clarified the burden of proof between victims and the institutions in torts caused in medical services.

Editor:Jiang Yiwei