Medical Damage Liability Disputes In The Context Of The Civil Code Of The People’s Republic Of China Research On The Current Situation And Countermeasures Of Trial Cases

Objective : The 2020 Civil Code chapter on tort liability and medical injury liability was completed on the basis of in-depth research and summary of the trial practice experience of courts across the country.Based on the judgments of medical injury liability dispute litigation cases in Yunnan Province from 2018 to 2022,and closely combined with the trial judgments before and after the implementation of the Civil Code,empirical analysis is carried out,and suggestions are made on the common problems in medical damage liability,in order to build a harmonious doctor-patient relationship and provide high-quality and efficient judicial guarantees for the construction of a healthy China.Methods:This study collects and organizes the documents related to medical damage liability dispute cases on the China Judgment Documents Online in Yunnan Province from 2018 to 2022,uses Excel software to establish a database,sorts out and extracts the time of conclusion of the judgment,region,court level,department,judgment result,appraisal,compensation and other information,and then uses the software Nvivo12 plus to take the "sentence" in the judgment as the analysis unit,and uses "keyword number-legal number-chapter number-section number-article number" The encoding rules are hand-coded.Finally,data comparison analysis and case analysis are used to analyze the problems existing in the legal system of medical injury liability disputes.Results:By studying 1842 court judgments in medical injury liability disputes in Yunnan Province,this study found that since the promulgation of the Civil Code,medical injury liability dispute cases in Yunnan Province have shown a downward trend.75.07% of the cases were concentrated in grassroots courts,and the increase in retrial cases decreased by 5.04% compared with before the promulgation of the Civil Code;After the implementation of the Civil Code,the proportion of Kunming decreased by 14%,while the distribution of other regions increased slightly,but the cases in Kunming still ranked first;After the promulgation of the Civil Code,Yunnan Province ranked among the top 5 in the number of disputes in obstetrics and gynecology,pediatrics,psychiatry,orthopedics and emergency departments.85.71%of medical injury liability disputes would choose the appraisal opinion of judicial appraisal as the key evidence for case adjudication,and the proportion of cases only choosing judicial appraisal increased,but the acceptance rate of appraisal opinion decreased.The liability for medical damage liability disputes in Yunnan Province is consistent with the causal force of the appraisal opinion,and the amount of compensation is linked to its participation in the damage,and the amount of compensation gradually increases with the improvement of economic level,the increase of medical expenses and the development of the medical insurance system.In addition to procedural laws such as Civil Procedure,substantive laws such as the Tort Liability Law and the Civil Code appear most frequently and frequently.Conclusion:After analysis,it is found that since the promulgation of the Civil Code,the causes of medical damage liability disputes are complex,and the imperfection of corresponding laws and regulations,the imperfection of the medical care system,the false reporting of social media,the imbalance of medical resources,and the communication and understanding between doctors and patients have led to medical dispute damage liability cases.