The Study Of Identifying Medical Standard In Medical Liability Field

With the rapid development of medical technology, the number of medical disputes is increasing. However, there are many a reasons that lead to this phenomenon. The frequency of medical malpractice is increasing. Medical malpractice have caused damages, and become an inevitable damage to our society. The doctors think that they are victims of the development of medical technology, but the patients insist that they are always the victims. The patients don't believes the doctors day by day. So, how to deal with medical malpractice had become a complex question to our society. From the legal point of view, the most important in dealing with medical malpractice is to set the fault of medical staff. Laws regulations and provisions of a measure of conventional clinic medical staff negligence are one of the criteria, the other one is medical standard. Medical standard is an abstract standard of the medical staff's negligence.But how to identify"medical standard", the corresponding of law have ignored. This makes it difficult for us to use in practice.Both the advantages and disadvantages of the medical standard are the same, that is, medical standard is abstract and general. On one hand, abstraction and general make the standard more applicable in practice. On the other hand, the medical standard is difficult to be used in practice. This article aims at identify the medical standard in order to make it easy in practice. This article first analyzes the characteristics of medial practice upon the analysis the concept and the role of the medical standards. The role of medical standards illustrates the importance and the urgency of identifying the medical standard. The next step is to illustrate the thesis of medical standard in foreign countries, then the thesis in our country, at last ,the author describes her own view of medical standard. As is known to all, medical standard is developing and changing all the time, at the same time, it can be influnced by many a factors, for example ,the level of hospital the level of medical staff and so on, the article also illustrates how the factors influnced the medical standard and the extent of their influences.At last, the author describes her own suggestions to improve the identify of medical standard. The medical standard can't only be measured by doctors, but the judges should make value judgments. The medical staff should be liable for the referral of the patient. All in one word, the identification should be improved.