Frequently Asked Questions

27 2026-10

After a mental patient is discharged from the hospital, who is responsible for any harm they cause to others?

After a mental patient is discharged from the hospital, the guardian shall bear the tort liability if the patient harms others; according to Article 1188 of the Civil Code, if a person with no or limited capacity for civil conduct causes harm, the guardian shall bear the responsibility. If the guardian fulfills his duty of guardianship, he may be exempted from liability, and the victim may claim c...

Learn more >

27 2026-10

How can I protect my rights if my HIV status is leaked to the public?

If the HIV status of a patient is leaked, they can seek legal protection. According to the Civil Code and the Regulations on the Prevention and Treatment of AIDS, medical institutions and personnel who disclose patients' privacy shall bear responsibilities such as stopping the infringement, making apologies, and providing compensation.

Learn more >

27 2026-10

Can patients with infectious diseases claim compensation if their personal information is leaked?

If the information of patients with infectious diseases is leaked, they can seek compensation according to the law. If medical institutions and personnel disclose patients' privacy or personal information, they shall bear responsibilities such as compensation in accordance with the Civil Code and the Personal Information Protection Law.

Learn more >

27 2026-10

Who is responsible for the injuries and deaths of psychiatric patients after they run away from the hospital?

If a psychiatric inpatient leaves the hospital without authorization and suffers injuries or death, whether the hospital is liable depends on whether it has fulfilled its duty of care and prevention. The liability for compensation shall be determined according to the Civil Code and the Mental Health Law based on the fault of the parties involved.

Learn more >

27 2026-10

Is the hospital liable for the death of a patient who was restrained to the point of suffocation?

If a mentally ill patient dies after being restrained, whether the hospital should compensate depends on whether the restraint was conducted in accordance with regulations and whether the hospital fulfilled its obligations of care and treatment. Liability shall be determined according to the Civil Code and the Mental Health Law based on the principle of fault liability.

Learn more >

27 2026-10

Is there insurance to cover the damages caused by clinical trials?

Clinical trial subjects are usually covered by insurance, and sponsors are required to purchase insurance and provide compensation in accordance with regulations. To claim compensation according to the "Quality Management Standards for Clinical Trials of Drugs" and the "Civil Code", evidence of causality must be established.

Learn more >

27 2026-10

Will there be any problems if the subjects withdraw from the study midway?

The subjects have the right to withdraw from the clinical trial at any time without any conditions, and they shall not be discriminated against or retaliated against according to the regulations; the expenses incurred shall be dealt with in accordance with the agreement, and legal troubles will generally not arise, but the informed consent and communication records should be kept.

Learn more >

27 2026-10

How to claim compensation for disabilities caused by the side effects of experimental drugs?

If the side effects of the experimental drug cause disability, the patient can file a claim against the sponsor and the institution according to the liability for medical damage in the Civil Code and the Drug Administration Law; the key points are informed consent, causality identification, and the three-year statute of limitations for litigation.

Learn more >

27 2026-10

Do I need to sign an informed consent form before participating in a clinical trial?

Before conducting clinical trials of drugs, it is required by law to sign an informed consent form. According to Article 1008 of the Civil Code and GCP, the risks must be disclosed and the subject must give written consent. The informed consent form is not a disclaimer, and signing it does not exempt the institution from its legal responsibilities.

Learn more >

27 2026-10

Who will compensate for the injuries sustained during participation in a new drug clinical trial?

In the event of injuries during clinical trials of new drugs, the sponsor and the trial institutions shall bear legal responsibility in accordance with Article 1008 of the Civil Code. The GCP requires the sponsor to provide compensation or insurance; consent forms, study protocols, and evidence of damages must be preserved.

Learn more >

27 2026-10

Who should I hold accountable if an implant breaks during the treatment process?

If an implant breaks, patients can claim compensation from clinics and manufacturers based on medical damage or product liability under the Civil Code. To do this, they must preserve the medical records and the broken implant, and apply for an appraisal to distinguish between operational errors and product defects.

Learn more >

26 2026-10

Who should hospitals and medical device manufacturers seek compensation from first?

If a patient is harmed due to defects in medical drugs or devices during treatment, they can request compensation from the medical institution or the manufacturer. It is recommended to first seal the medical records to collect evidence of the product, and then choose the appropriate party to assert their rights.

Learn more >

26 2026-10

Who is responsible for providing evidence of defects in medical products?

The harm caused by defects in medical products requires patients to prove the use, damage, and causality. According to Article 1202 of the Civil Code, producers bear no-fault liability. It is recommended to seal the medical records and product packaging and apply for appraisal.

Learn more >

26 2026-10

How to claim compensation if there are problems with a heart stent?

When there are problems with heart stents, it is often related to defects in medical devices or medical malpractice. According to the Civil Code, victims can claim compensation from manufacturers or medical institutions. It is necessary to seal the medical records and stent information and apply for appraisal.

Learn more >

26 2026-10

Who should be held responsible if the steel plate implanted in the body breaks?

The fracture of steel plates implanted in the body is mostly due to defects in medical devices. Patients can claim compensation from the manufacturer and medical institutions based on product liability; it is necessary to seal the medical records and the evidence of the fracture and apply for a quality appraisal.

Learn more >