The Study On Medical Malpractice

In the Medical disputes, how to decide the medical negligence actions is the core of medical tort damages, and the difficult and hot in the judicial practice.Medical practice is not only the special issues involved in medicine, also involves medical ethics and morality, for the identification of many cases of medical negligence is not only a medical problem, but also as a legal issue.First, make the definition of medical practice, in order to keep with modern social development, the concept about medical acts should take a more broad definition. Then through a variety of theories and legislation about the definitions of medical malpractice,we can get that the medical negligence is the breach of its duty of care. And the duty of care from the wide variety of sources, and then discuss the medical duty of care in details in the practice. Then,Through examining the typical American and Japanese Standards about Determining theories, Combining the current health care system of our country.Hold the view that the acts of medical negligence that consideration should adopt a dynamic measure. And the current legislative provisions are too abstract, In order to practice,many factors should be taken in considering. Finally, finding the defect of the current medical malpractice in the Judicial determination.The major problems are the selection of the forensic and the judges is not play the leading role. In view of the fact, the paper proposed some suggestions.