Research Into Medical Duty Of Damage Under One Cell Processing Mechanism

Always being regarded as "benevolence", and upholding humanistic spirits toheal the wounded and rescue the dying, but of high risk the medical behavior itselfhas led to various unpredictable factors which may cause patients damage, thusforming medical treatment dispute. Along with the deepening of medical research andmedical technology development, human living standards have been improved quite alot. People require to have higher medical service. Due to the enhancement of theoverall social ideas of the rule of law, more people chose the form of medicallitigation to seek compensation for damage. The quantity of cases of medicalmalpractice compensation exponential is growing and at the same time, it furtherdeepens the doctor-patient contradiction. Medical treatment dispute has become anurgent social problem to be dealt with. If the law can not ease social conflicts, it’spossible to evolve into a stronger "medical" trouble, which will seriously threat theharmonious development of the whole society. On this background, both legal theoryor legislation and judicial practice need to show concern for strengthening the medicaldamage liability. This paper tries to base the tort liability law, a symbol of the medicaltreatment disputes element processing mechanism, to focus on carding the system ofmedical damage liability laws and the analysis of regulations.First, from one cell medical dispute processing mechanism to duel cellprocessing mechanism, it mainly discusses that along with the medical treatmentdispute growing each passing day, and the improvement of legislation of liability formedical damage, the mechanism of handling medical disputes has the transitionchanging from duel cell to one cell system. First of all, the first section reviews thetort liability law promulgated the development of duel cell handling mechanism before the medical disputes. It has approximately experienced four stages ofdevelopment. Through carding the legislation, we found that the duel cell ofprocessing mechanism of medical dispute has deficiencies as follows: the liability formedical damages disputes diversified; compensation standards are not unified;identification of the double track system and the inversion of responsibility for proofcitation in medical burden of aggravating. The second section deals with the law onmedical damage liability system for all aspects of the united after the implementationof the tort liability law. The most prominent symbol is that the mechanism forhandling medical disputes changes from duel cell to the one cell system, whichunified medical damage liability concept and the standard of compensation fordamage to person. The law further defines the types of liability for medical damage,including: medical malpractice, medical ethics and medical product liability fordamage.Next, it discusses the identification of the medical malpractice fault and its dutyunder one cell processing mechanism. Analyze today’s regulations related in Chinaabout the imputation principles, and get our legislation that is mainly based on tortliability. It defines the different medical imputation principles and this provision is notonly in favor of reflecting fair value of law but also conforms with the researchmethods of the concrete analysis of concrete conditions. The part also discusses aboutthe standard of identifying the medical damages liability fault. Different sorts needdifferent criterions. Firstly, the standards for determining of medical technical faultshould be judged by the medical level which is in time; Secondly, the medical levelshould stress the time, that is when the damage takes place; Lastly, medical levelshould be emphasized by the nationwide generic medical standard at that time, andcombined with the regional specific medical condition of our country. The standardsfor determining of medical ethics fault mainly concern about the judge of medicalstaffs’ duty of informing, their duty of agreement of recognition and protection ofpatients’ privacy.Then, it reviews about medical responsibility for proof citation under the one cell processing mechanism by recalling the evolution process of legislation. It thensummarizes how to make allotment reasonable and timely. After this, the partevaluates the rationality and deficiency of China’s law of tort liability. In view of thedeficiency in our country, it puts forward the improvement measures to ease formedical tort field. The second part elaborates the responsibility for proof citation, itsapplicable scope and conditions in details.And then, it discusses the deficiency of the duel cell system under the one cellprocessing mechanism from three aspects. That is: the identification system formedical malpractice, the medical identification of privacy infringing and the duel cellsystem of medical identification system itself. In the second section, based on theabove deficiency exposition of the duel cell system of medical identification, it putsforward suggestions for improvement, which are divided into two, namely theprocedural and substantive measures. Procedural measures includes three, which arethe administration on " one cell is made ", reform on medical appraisal conclusioncross-examination procedure and reform on the medical identification procedures forthe implementation. Substantive measures also include three angles which aredetermined by the unified medical identification of the basic principles, the extendedmedical appraisal contents and the establishment of a medical expert auxiliary system.At last, it deals with the determination of the amount of medical damagecompensation under one cell processing mechanism. By analyzing in our tort law field,the reason of force rule system has gradually been accepted by the legal theory andjudicial practice, but it has not formed the systematic rules system. So this part furtheranalyzes the reason of force rule of general rules, including its applicable methods,scope and effect. Aiming at the particularity of medical damage liability, the part isspecifically explained by medical institutions of negligent acts, victims’ own reasons,third fault reason and medical accident cases which cause stress rules for specificapplications. On the compensation for medical damage in China, the credit legislationand judicial practice in making an on-the-spot investigation is discovered that ourcountry for medical damage compensation limit is overloaded. So it has a detailed analysis of China’s medical damage compensation limit caused by excessiveness andmalpractice. Finally the conclusion emphasizes the appropriateness limit of China’smedical damage compensation liability. In reference to the advanced legislativeexperience premise of the medical injury compensation reform act of the UnitedStates of California, it puts forward the compensation for medical damage in China inthe spirit that damages should be appropriately limited and that it also illustrates theconcrete method. And in our country the medical damage compensation of propertydamage, should be determined by adopting force rules of causes.