Research On The Constitutive Conditions Of Medical Damage Compensation

The aim of the paper was to explore the nature and characteristics of the liabilityfor medical damage compensation and analyze the main body of the legal relationshipfor medical damage compensation and principle. The constitutive requirements ofmedical damage compensation including medical malpractice，medical damage and itscausal relationship were judged with judicial and criteria. These problems werestudied in this paper in order to provide maneuverability evidence for handling handlemedical damage compensation cases in the judicial practice, provide reference forcorrect understanding and application of relevant regulations for the tort Liability Act,Chapter VII of the liability for medical damage, and explore the judicial path andmode of medical service damage compensate lawsuit, and play the judicial treatmentof the legal function and social role of the medical dispute in the future.Empirical analysis was used in this study. Case data was very reliable andcomprehensive in Chinese court net, therefore, cases in this paper derived from itbased on keyword that medical damage,243civil judgments of medical tangles werecollected from2005to2010and analyzed in this study, including the relative factorsand constitutive requirements.The result showed that medical disputes cases increased year by year from2005to2010, in the general hospital medical malpractice cases accounted for68.31percent,medical malpractice commission identified cases accounted for57.20percent, case ofviolation of the diagnostic and treatment accounted for44.03percent, violation of thegeneral duty of care cases accounted for79.01percent, cases of medical malpracticeaccounted for30.45percent, cases of diagnoses fault accounted for21.40percent,There was not accurate and clear division of the judgment of the majority of cases,33.74percent of the judgment did not specify the size of the degree of responsibility,however, medical institutions bear the primary responsibility of accounting for23.87percent, identified as a causal relationship according to the causal relationship criteria accounting for30.45percent.The liability for medical damages compensation attributes tort liability. Thetreatment of Medical Disputes should be based on the relevant provisions of the TortLiability Act. To take cause of action, the applicable law, the standard ofcompensation, medical assessments to a unified regression. The prevailing medicalstandards should be medical negligence standards, establish the maneuverability rules.Identifying the causal nexus of medical damage should be based on the theories ofcausation and be typified. Establishing unified identification mechanism of medicaldamage, in order to submit opinions of identity scientifically, objectively, justly andpublicly.