Who bears the responsibility for fixing the steel plate break within two years after surgery?

The patient, MrLi, suffered a fall that resulted in "broken left femur and left femur fracture" and performed "cut-and-reset intra-reset fixed surgery" at the hospital to cure and discharge7 months later due to leg and foot inconvenience, sprained left knee, to "left femur fracture after the fixed fracture, left femur middle fracture surgery, left knee ligament injury to be checked" to be admitted to The B hospital, during the hospital did "left femur fracture surgery after the fixed fracture intra-fixed bone removal surgery to take bone implants, the 9th day of mrtwo years later, MrLi was admitted to Hospital B for surgery and implanted with new internal fixation after "the left femur is fractured after the surgery, the left femur is fractured in the far end of the left femur, and the bone healing after the fixation in the left femur backbone is again performedMrLi believes that the quality of the steel plate used in the medical service process of the Hospital B is not qualified, resulting in its further injury, and sued the court for compensationcourt heard that the Hospital B considered that the quality of the plants used was qualified, used reasonably, placed appropriately, there was no fault or fault in the treatment of patients, and the fracture was not related to the hospital's medical treatment behavior and should not be held responsibleand the steel plate fracture is caused by the patient's own cause, has been a second break, not required to be discharged, not on time examination, not according to the disease implant bone fracture long-term does not heal, not timely take out the internal fixation (over-use), premature weight bearing, etc., can lead to the fracture of the steel plate, should be proved by the patientcourt held that: B hospital argued that the cause of the steel plate fracture is unknown, the steel plate fracture is MrLi's own reasons, because the burden of proof in the B hospital side, B hospital side did not apply for the cause of the steel plate fracture identification, although The Hospital B in the illness notice has informed MrLi "inner fixation may not be able to take long-term Stay in the body", and provide the plate certificate and discharge medical instructions "if necessary 12 months to remove the fixed ...", but also can not be exempted from the civil liability of B hospital, the judgment B hospital compensation For MrLi medical expenses, lost work costs, nursing expenses, hospital food subsidies and other losses totalling 43,000 yuanthe law briefly analyzes the burden of proof in this case involving the quality of implanted human fixing devicesin this case, although the medical side may prove the legality of its product source, but in the absence of evidence that the patient in the course of use of the fault, the medical side should bear the corresponding burden of proof of the quality of the products used by the doctor, therefore, the court assigned the burden of proof to the medical side is not impropermedical product liability is mainly for drugs, disinfectants, medical devices and blood and other four products of the tort liabilityArticle 59 of the Tort Liability Law of the stipulates that "if the patient is damaged by the defects of drugs, disinfectants, medical machinery, or by the importation of unqualified blood, the patient may request compensation from the producer or the blood supply institution or to the medical institution", which establishes the principle of no fault liability for the infringement of medical products Article 7 of the Supreme People's Court's Interpretation of Certain Questions of the Law applying to the trial of disputes concerning medical damage liability shall provide that: "If a patient requests compensation in accordance with Article 59 of the Tort Liability Law, he shall submit evidence of the use of medical products or the importation of blood or damage." Where medical institutions, producers, sellers or blood supply institutions of medical products claim no liability, they shall bear the burden of proof of proof for the defence that medical products are free of defects or that blood is qualified ", according to this, the patient shall bear the burden of proof for the use of medical products or the importation of blood or damage for such damage, without the need to prove that the medical institution, the producer, seller or blood provider of the medical product is at fault medical institutions and blood providers may not be liable for medical damage semores if there is sufficient evidence to prove that the blood is qualified the medical dispute sourcing the patient's health damage caused by the use of medical device products that do not meet the national standards for medical product quality, which is not only the responsibility of medical damage, but also the product liability, and is a type of infringement of both natures in accordance with the provisions of the Product Quality Law and the Tort Liability Law, if the patient's damage is caused by a defect in a medical device, the patient may request compensation from the producer or the medical institution If the patient to request compensation from the medical institution, the medical institution shall have the right to recover the compensation from the responsible producer after the medical institution has paid compensation if the product is defective due to the seller's fault, the producer shall have the right to recover the product from the seller after compensation if the product is defective due to the fault of the seller and causes damage to others, the seller shall bear tort liability seller sits not to identify the producer of the defective product nor to identify the supplier of the defective product, the seller shall be liable medical institutions must strictly fulfill their duty of care in the process of purchasing medical devices, especially the third type of medical device prescribed by law, and implanting them in patients' bodies when purchasing medical devices, it should carefully check and verify, can not simply trust the introduction of the salesman or because of the interests driven to purchase non-conforming medical equipment otherwise, , medical institutions will bear an inescapable responsibility and should inform the patient of the patient's condition, medical measures, medical risks, etc before use, and answer their consultation in a timely manner, but in practice should also avoid adverse effects on the patient In addition to , medical institutions should carry out verification and inspection before use, medical practitioners should exercise the right of supervision and inspection of medical device products intended for implantation in the patient's body, which need to be treated with the use of medical device products for strict commissioning and inspection, in order to eliminate damaged, ineffective, shoddy, counterfeit medical device products and fulfill the obligation to properly install and document the archive situ to avoid harm to patients medical institutions when the strict review of the quality of each batch of medical products, not only for the patient's responsibility, but also to the medical institutions themselves protection When a dispute over damage to medical products occurs, medical institutions shall promptly apply for additional co-defendants and exercise the right to recover from the producers of products, and, if necessary, apply to the court for identification to determine whether the cause of the fracture of the steel plate is caused by the patient's own cause or the quality of the products, and at the same time to protect the legitimate rights and interests of the patient .