The Theoretical And Practical Research Of Judicial Solution To Controversies Over Medical Damages

In recent years , the increase of controversies over medical damage has called increasingly public attention . Therefore, the theoretical and practical research of controversies over medical damages plays a very important role in solving such controversies correctly and protecting legal rights and interests of both parties fairly.This article mainly uses such methods as comparative research and positive study to research judicial solution to controversies over medical damages from the theoretical and practical perspective. Apart from the introduction and conclusion , this article is mainly comprised of the following three chapters:The first chapter of the article mainly research the basic theories of the solution to controversies over medical damages , to lay a theoretical foundation for the following research of practice. It discusses the basic concepts such as medical controversy, medical accident, medical mistake, medical malpractice, medical treatment, and sets the limits of controversies over compensation for both medical accident and other medical damage. Then, it elaborates the characteristics of medical treatment and nature of relationship between medical institutions and patients, as well as nature of the liability for medical damages. Moreover, it analyzes the doctrine of liability fixation, and summaries the constitutive requirements of liability for medical damages as the following: medical damage, medical fault, causality between medical fault and damage.The second chapter of the article mainly studies issues exist commonly in actions for medical damages. Firstly, it makes clear the subject of the liability for damages and subject of the right to damages, and analyzes several problems concerning the medical expertise. Then, it sets definite standards of determination of medical malpractice. It also points out the complexity of the causality between medical malpractice and the reasonableness of the inverse of burden of proof. At last, it considers that the law for the protection of the interests of consumers and the extinctive prescription of one year should be applied in actions for medical damages.The third chapter of the article mainly studies issues concerning determination of the liability for medical damages. Firstly, it elaborates factors to be considered in determination of the liability for medical damages and grounds for exemption. Meanwhile, it points out that medical institutions should compensate for other damage besides medical accident, and exemption clauses in medical contracts is invalid. It also sets the limits of liability for medical damages . Moreover, it discusses the calculation and payment of the medical damages .There are 48,000 words in this article.