《侵权责任法》将医疗机构使用缺陷医疗器械致患者损害设计为依据产品责任的一般规则,对医疗机构适用严格责任原则,与生产者构成不真正连带责任。医疗机构作为中间责任人具有合理性,但内部责任法律适用规则仍有待完善。《侵权责任法》应当允许缺陷医疗器械侵权有条件适用连带责任,并就医疗机构在内部责任分担中的规则予以细化。 “Tort Liability Act” will be used to medical institutions for medical institutions caused by defective medical device damage designed as a product based on the general rules of liability, the strict application of the principle of responsibility for medical institutions, and producers are not really jointly and severally liable. Medical institutions as middle managers are reasonable, but the law of internal responsibility rules still need to be improved. Tort Liability Act should allow defective medical device infringement to be conditionally applicable and joint and several liability, and to medical institutions in the internal responsibility of the rules to be refined.