Breach Of Medical Institutions Of The Medical Duty Of Care Identified

Medical institutions on duty of care breach medical identification, related research and its results have been very rich, but more than a simple description for the study abroad, or just generalities, or just chat for a portion of them to do analysis. In view of this, I try to do this fan system analysis, the text is divided into three parts.The first part is about the violation of medical institutions recognized by the medical duty of care Introduction. First of all obligations of the general theory of medical attention briefly discussed. The first to write a medical definition of duty of care, followed by the USA and Japan introduced the idea of the content of the obligation and the level of attention, summarizes the similarities and differences in between, and with our research were compared. Then analyzes the medical institution and the medical duty of care between medical malpractice liability. First, that the medical cause damage, such as medical malpractice and medical errors, is a tort, to assume the responsibility of the components of medical damage. Followed by discussion of medical care in breach of the duty of care is the fault and responsibility in medical negligence damages, so, if and only if the medical institution to cause damage to the medical duty of care, the medical institutions will assume responsibility for medical damages. Finally, the medical attention for health care obligations in breach of a basic understanding of the identification. First of all that medical attention for health care in breach of the obligation of identification, is the medical practices in medical institutions cause damage to the case, determined by the court to conduct medical institutions are liable for the medical duty of care and whether a violation of the duty of care and then determine whether to assume the medical procedure for medical malpractice liability. Secondly pointed out, compared with other countries, the shortcomings of our certification process; and because only the correct facts clearly identified to be able to do so properly enforce the law, therefore, is necessary for China to re-examine this confirmation process.The second part introduces the foreign medical institution on the breach of duty of care to identify health care practices and theoretical research, and compared with the assessment. British medical attention for health care in breach of the obligation to identify the main "Bo Laimu rules", and around it formed a large number of cases and theory. United States and the United Kingdom because of the same vein is said, the practice of two similar, but slightly different expressions. Japan around the "medical standards" issued by the principles of the theory of the system, and under the guidance of this principle to solve a large number of practical cases. I believe that the practice of States is generated by the specific environment, and has developed quite mature. Specifically, the early common law standards of medical care that is equivalent to the "customary practice", the former experienced a "relativized" and "challenge" test, which is first within the "acceptable practice" improvement, after "prudent patient standard" break; in other words, in determining whether the breach of medical standards of medical duty of care, has formed a diversified, professional standards is no longer the only standards. In doing this judge must take into account non-professional standards and other relevant factors. In our country, "the black hospital" rampant now, perhaps more resonate.The third section describes the medical institutions of our country on the breach of duty of care recognized by the medical theory and practice. First introduced in China in breach of the law circle of medical attention for health care obligations related to the identification of the cited academic point of view, namely, legal practices that the medical standards that the distinction between standards and patient care standards and assessment carried out. Then introduces our current health care on the medical duty of care found in breach of the judicial practice, namely, Xiamen, Zhang v. cause delay in treatment in a hospital death, a People's Hospital, Yu Mou v. penicillin allergy skin test and the road to cause the death of a v. improper operation of a hospital case, that the gains and losses and may result in a revelation:the case highlighted in the doctor-patient relationship, the medical side still occupy a dominant advantage, and there is the potential for abuse. Ordinary people in China still do not know how to use legal weapons to safeguard their legitimate rights and interests, even life and death. Perhaps, this is China's "legal issues, political solution," a microcosm of Chinese lawyers have been in an awkward position. Last-but not least, the case once again we see clearly:although in theory quite clear, disputes in the methodical is a long way to resolve.