Construction of Relief System for Adverse Reactions of Traditional Chinese Medicine Injections in China

The traditional Chinese medicine (TCM) injection is a new dosage form independently developed in China, which breaks through the traditional way of administration and plays a vital role in modern medical practice. However, the frequent occurrences of adverse reactions of TCM injections have aroused widespread concern. If the adverse reaction events of TCM injection cause serious damage to the patient, the relevant subject shall compensate the victims. However, based on the realistic dilemma such as controversial defect identification, undefined principle of liability fixation, and unestablished relief mechanism has not yet been established, there is defectiveness of the current legal relief in practical operation and it cannot provide effective relief to victims. By drawing on the successful experience of foreign adverse reaction relief systems combined with China's specific national conditions, it is suggested to improve the interpretation standards of drug defects, clarify the responsibility attribution in the adverse reactions of TCM injections, establish a special compensation fund, strengthen the governance and supervision of the fund link, as well as establish a compensation system for the adverse reactions of TCM injections mainly based on the fund model.