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KMID : 1234820060070020331
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Korean Society of Law and Medicine
2006 Volume.7 No. 2 p.331 ~ p.364
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Study on the Concept of Medical Supplies in the Product Liability Law
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Jeon Byong-Nam
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Abstract
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Medical supplies have contradiction of efficacy and side effect to the various diseases together. Therefore, people have tried to reduce the side effects and also provide various methods to cope with any damages from the medicine quickly. In the case of accidents by medical supplies, the victim can be protected with advantage by the Product Liability Law rather than the Torts. The limit of Product Liability Law’s application depends on whether medical supplies belong to the product or not. According to Product Liability Law, the product should be processed. Therefore, medical supplied should be processed to be the category of product. It can be said that the medical supplies in pharmacy, Chinese medicine, medical herbs, biological medicine manufactures, blood manufactured medicine, cord blood, hemopoietic progenitior cell and stem cell belongs to the manufactured products. The mixture by the prescription of doctor or preparation of pharmacist can be recognized as the product because prescription or preparation is a manufacturing act. Therefore, applying Product Liability Law to manufacturer, doctor or pharmacist would achieve the goal which is protecting the victims extensively.
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KEYWORD
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Medical supplies, Manufactured products, Product Liability, Oriental medicine, Blood Manufactured medicine, Prescription, Opreparation, Prescription medicine
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