What's going on?
It turns out that many netizens have this confusion: taking drugs is taboo. If the recipient develops an adverse reaction after taking the medicine and requires the drug provider to bear legal responsibility, does the caring drug donor need to bear legal responsibility at this time? What should I do when I am held accountable for delivering medication with integrity?
In this regard, the professional lawyer's answer is not to worry too much, there is no legal responsibility for delivering medicine with love.
What is the legal nature of free medicine delivery?
Professional lawyers said that free medicine is an act of goodwill, also known as an act of friendship. It means that the parties have no intention of setting up legal rights and obligations, but it is implemented by one party based on good morals to benefit the other party. In enhancing friendship relationships. Giving charity is a very common act of kindness in life, such as free rides, brave acts of kindness, etc.
As for some netizens who are worried about legal liability, they are prepared to write a "disclaimer" when administering medication, so as to avoid being unable to exclude responsibility in the event of an accident. It's not necessary. Because, unless the donor has intentional intent or gross negligence, the donor will not bear legal responsibility even if the recipient has adverse reactions after taking the medicine. Intentional or gross negligence refers to the situation where the donor knows that the medicine is expired, or is counterfeit, inferior, or contaminated. Otherwise, the donor will not bear legal responsibility.
So, under what circumstances do donors need to bear legal responsibility?
Whether you are criminally responsible for giving medicine to others without the permission of a doctor depends on the actual situation. If it's a prescription drug, you buy it with a prescription. Keep prescriptions, receipts, invoices, and ask the doctor and hospital that prescribed the medicine. If you buy prescription drugs and give them to others without a prescription, and you have receipts and invoices, you will be responsible together with the pharmacy.
From a legal perspective, to be held criminally responsible, the premise is that the person's death was mainly due to taking medication, that is, there is a strong causal relationship between taking medication and death. The premise of compensation from the drug owner is that the drug owner should be responsible for the death of the drug user, that is, the drug owner has careless negligence or clear intention (that is, carelessness caused the drug user or deliberately attempted to cause the drug user to euthanasia, including helping others).
In short, if the drug owner is negligent or intentional, he will be held responsible; if someone else is responsible for the death of the person who took the drug, the drug owner's liability may be reduced; The person's fault may also reduce the liability of the owner of the medicine.