Judicial Dilemmas and Solutions in Product Liability Disputes Involving Medical Products for the Elderly

An Empirical Analysis Based on 237 Judicial Rulings

Abstract

With the continuous ageing of China's population, more older people are needing to use medical products frequently and thus have risen the number of related liability disputes. In accordance with the provisions of Article 1223 of the Civil Code, this paper will conduct an empirical study on 237 judicial judgments in cases of medical product liability involving the elderly to explore the characteristics of these judgments systematically. In this paper, methods of description and correlation analysis, chi-square tests, and regression models will be employed to build a multi-dimensional system of variables that covers product attributes, context of medical application, participants in civil disputes, procedures, etc. Empirically, the nature of the expert opinion and the seriousness of the damage are the reasons why liability is imposed in this way. Specific to older people, there are other reasons why the products are not suitable or why the consent form is unclear; all of them have a relatively small negative impact. Multiple linear regression shows that the above factors are also positively correlated with the amount of compensation paid. To solve the problems of ambiguity in the identification of age-related factors, insufficient targeting of expert assessments, and inconsistency in compensation standards for judicial rulings, this paper proposes the following suggestions: increase the statutory weight of age factors in determining liability, standardise the special assessment and application rules for judicial appraisals involving older persons, and unify the quantitative standards for compensation discretion and interest balancing mechanisms.