The Discussion On Faulty Libility Of Medical Infringement And Improvment

Medical infringement are becoming difficult and hot spots of civil trial in recent years. Especially in current stage social security system has not been fully established. The reform of health care system is entering a critical period. Medical infringement exposure frequently in the media. Arousing widely attention from the society. In this paper,studying for the difficulties in medical infringement trial at present, as well as researching of Tort Liability Law .on medical malpractice ,by comparing the latest foreign studying results of this field. The introduction of system design and build a useful exploration on remote expert advisor, involving the opening of identification procedures and standardization. finding an solution on medical infringement litigation ,balance the interests of both doctors and patients, To search a fair, impartial and efficient way to resolve the problem.The main body is divided into four chapters: Chapter one, general introduction of medical infringement ,involving related concept and the legal character of medical infringement. Chapter two, faulty liability of medical infringement. Describing the basic theory of medical faulty liability of medical tort, systematic analysis the structure and responsibility principle of medical tort. Chapter three. The comparative study of fault liability medical infringement . by comparing the foreign related provisions and finding inspiration for faulty liability of my country. Chapter four, The proposal for medical faulty system improvement , illustrate the significance to recognize the medical faulty liability by introduction remote expert advisor and system redesign of medical identification. With the medical standards as a reference , judging the medical staff whether breach specialist duty of care.The "Tort Liability Act " obtained an important step from the system of the medical tort faulty. But did not solve the problem of medical identification , Because of medical identification is an important basis for identified medical mistakes.Therefore, "Tort Liability Act " is difficult to resolve specific issues of medical tort faulty in the practical application. In this regard, we propose procedures for re-identification of medical damage, Remote expert witness, And the proposal of whether violate medical standards. This is the innovation of this paper.