Cognizance of the subject after the occurrence of the adverse drug reaction

Key words: 
• the adverse drug reaction /
• damage compensation subject /
• responsibility identification

Abstract: In the adverse drug reactions, who should be the one to be responsible for patient suffers, which had been controversial for long time. In the judicial practice, law court often judged hospital to take the responsibility based on the fairness doctrine in civil law. A case was analyzed to point out that the trial of cases of the adverse drug reaction should still be identified according to fault principle. The legal advice to safeguard the legitimate rights in the condition of no-mistake subject was puts forward.