On Third Party Liability Of Physician Specialists

Compared with the general third party liability of experts, third party liability of physician specialists is different in harm behavior, content as well as damage and so on. In our country, there are little academics have studied physician specialist' liability to third party. Because of the specificity of medical profession and the expansion of behavioral medicine, it's necessary to construct the system of physician specialists' liability to third party.According to the occupational characteristics, we can study the third party liability of physician specialists dive right in duty of care to the third people. And the law should make physician specialists'duty of care to third party as obligation of safety guarantee which is statutory. The existence or not of duty of care can be judge by the standard of a qualified physician specialist. Meanwhile, physician specialists can perform the duty to the third party in three ways, including unblemished payment, indirect performance to the patients, and direct performance to the obvious third party. On the definition of third party, we can divide it into two types against the specificity of the medical field, which includes concrete determined type and concrete undetermined type. Referring to the foreign standards, we also should regard predictability as the standard to decide the range of the third party. If the physician specialists invade the rights of third party, because of information asymmetry, the burden to prove the fault and causality which constitute the tort responsibility to the third party should be shouldered by physician specialists. In addition, physician specialists can not consider the expert disclaimer limits as deraignment excuse, which is different from other fields.