Radiation treatment is an important part of the modern medicine, which has its particularity, that needs the patients or examinees to suffer from certain damage in exchange for the clinical results. The damage can be reduced by controlling the times of exposure and making good protection, but the damage will still not be completely avoided at all.Our country has developed the'Tort Liability Law','Radiation treatment regulations'and other laws and regulations which can help to standardize the radiotherapy treatment of medical institutions,and make the radiation treatment lawful.Today,in order to make more money,some medical institutions make patients to take much more examinations or to buy much more medicine . Some medical institutions take'defensive medicine'to avoid difficulties of proof in medical disputes.These medical institutions make patients to receive a lot of unnecessary radiation which cause damage to health,their behavior go against the laws and the regulations,which constitute tort. However, the offense types are complex, some cause damage directly, some cause damage indirectly, and it's difficult to the identify tort liability by identifying the relationship between violations and damage. In addition, damage itself is also difficult to identify due to the technology constraints.In this article,we will explore that how to identify tort liability and make recommendations for the identifying difficulties by analysising some specific examples.
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