Verification Of The Causal Relation In The Technical Authentication Of Medical Accidents

The handling of medical disputes has become the difficulty and focus of the whole society, while one of the most intractable problems is the technical authentication of medical accidents,which is the most diffficult of the problems and the key whether the medical side should undertake the civil liability. Under the premise of the base on facts and taking law as the criterion, using the causal relation theory correctly and identifing whether there is a causal relationship exist between the negligent medical act and the consequence of personal injuryt have important theoretical value and real significance to identify the medical side's responsibility and properly handle medical dispute justly, fairly and reasonably.According to the fact about authentication of medical,the scholars always lack practice,otherwhile,the experienced experts is in defect of law,so it's hard to make an agreement.The reason is no normal method of idetification of the causal relation here.We could only find solutions by national practical situation,and the same according to the theory and trends of tort law both at home and abroad, we shoud identify the causal relation of the technical authentication of medical accidents from two aspects,one is the fact causal relation, the other is the legal causal relation, which shoud establish on the basis of the direct carsality, the substantial factor rule,the adequate causality, the purpose of the law,especially facing the adequate causality's probability,we can use the factly idetification of the causal relation,not both with the purpose of the law.Then according to the Legal principles and specification, identify with medical principles and specific norms, and should comprehensive consider our party and state's people -oriented policy.especially for the idetification of the causal relation in some complex medical accidents,no existing rules we can used,so we have to detifine by constitution and general provisions of the civil law.So it will in line with the current people-oriented development trends of tort law.