On Civil Liability Of Medical Malpractice

It is well known that the development of medical treatment is an important part in the development of the society and an important mark of the advancements of human civilizations. It is impossible for anybody to be prevented from being afflicted with diseases, regardless of their sex, age and profession. It is the need of health and a manifestation of civilization advancement to get treatment from a doctor in case of illness. That's to say the existence of human beings, the development of the society and the advancement of civilization all depend upon the medical undertakings.But medical malpractices happen from time to time, due to the baffling problems of medical science and the negligence of medical institutions and personnel. Especially during the recent few years, the disputes about medical malpractices have increased in large quantities. Many relative cases have been taken to court, which has attracted lots of attention of law professionals and been one hot issue concerning civil law in the world.Nowadays the measures taken to deal with the issue of medical malpractices are: First, making relevant civil codes to regulate the relations between medical institute and its medical personnel and the patients, so as to form a legal system to solve the disputes reasonably; Second, establishing and perfecting the system of medical liability insurance, i.e. trying to solve the problem satisiyingly by both punishment and compensation. The writer analyzed the concept of medical malpractice, and studied on the nature of the liability, the concurrence of the liability, the doctrine of liability fixation and the compensation for the damage of medical malpractice if any damage hasbeen caused when the medical institutes and personnel are giving treatment to the patients. These problems are studied on the basis of "Regulations on Settling Medical Malpractice" effected on September 1, 2002. The writer also assessed the articles concerning the liability of medical malpractice and put forward some proposals for perfecting them.