Study On The Relevant Issues Of Judicial Practice From Medical Malpractice Liability

This thesis begins with the research of twelve medical compensation disputy cases of Intermediate People's Court of Tai'an City in Shandong Province in 2010. From this perspective together with the implementation of Tort Law, this thesis focused on the difficult problems solving which exist in the justice practice. This mainly includes the following aspects: responsibilities of attribution principle, the abolition of proof rules inversion, as well as the unity of medical malpractice identification of the medical compensation disputes after the implementation of the Tort Law. I believe that the responsibility attribution principle should based on the fault liability principle, Tort liability law article 58 of the form appears"presumed fault", but in fact, its essence is the recognized standard for determining the situation of statutory fault. The inverted rules in the"Tort Liability Law"after the implementation should not be completely abandoned, they should continue to tilt towards patients in the medical indemnity dispute litigation proceedings of the trial under the fault liability principle framework under specific conditions. Furthermore, I also made my efforts to supply my own opinions and suggestions regarding some relevant research on the specific operation of identification of medical malpractice liability, system unification and indification of connotation, etc.