Strict Product Liability Over Medical Care Providers : What's the Status in Current USA Law
Strict Product Liability Over Medical Care Providers : What's the Status in Current USA Law

Author(s): Samir Manić
Subject(s): Law, Constitution, Jurisprudence, Health and medicine and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Medical employee; Medical means with deficiency; Damage; Strict product liability for damage;
Summary/Abstract: In most legal systems, at the current level of development of legal relations, there is a tendency view for the damage caused by the deficiency of products, and it existed at the time of its selling period, objectively its producer bears the responsibility. Besides an evident fact that medical means have product's character, there is a a question related to damage a patient suffers from a medical means with deficiency, can besides a producer, also be responsible a health employee/health institution that by using such means caused damage to a patient. Although, with the effort of health employees, responsibility for this damage has been mostly on producers of medical means, where they had the support of a court practice, it is evident there is also a higher need for health employees/health institutions to be responsible for this damage.

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