The legal liability arising from faulty medical device in the context of product liability

Human life and health is his most valuable asset. Therefore, investment in the health sector is an indispensable element of a civilization. Medical devices are, after medication, the most important diagnostic and therapeutic tools for the health sector. Faults that may occur in these products from the design to the production of the devices, from production to the release to the market, can cause great damages on the human assets. In order to compensate these damages, it is of great importance to determine the legal responsibility arising from the faulty medical devices. A medical device is usually produced as a result of fabrication (mass production). Fabricated productions have become an indispensable element of modern civilization. However, the losses that may occur as a result of fabricated productions are big. In order to provide a solution to this situation, a modern "product liability" institution has been developed in the field of law. Medical devices are also a product within the scope of product liability. The most accurate institution that can be applied to the compensation of damages arising from faulty medical devices is the product liability institution. Accurate understanding of the product liability institution and an arrangement in accordance with this is closely related to the development of the medical device sector as in many other sectors. The foundations of product liability have been laid by American Law. The decision of the 'Chicken Plague" given in German Law under the influence of American Law later became a major turning point. The assent of the EU Directive 85/374 is another important milestone. This legal text influenced all the non-EU states and created a global impact. In Turkish Law, a product liability institution was organized for the first time with the Law No. 4077. With the assent of the Consumer Law No. 6502, there is no existing special provision regulating product liability. For this reason, a solution will be presented on the product liability issue based on the general provisions of the Turkish Code of Obligations No. 6098.