On Medical Malpractices Civil Liability System

In recent years, medical malpractices frequently occur, which has made its compensation for damages become a hot question in society. Regulations for the Handling of Medical Malpractices promulgated in September 2002 (following abbreviated as Regulations) have increased the weight of responsibility of medical units and further safeguarded the rights and interests of patients, the weak group; the Regulations have deep and far significance for society's development and safeguard of human rights. However, if medical units shall bear the civil liabilities for medical malpractices and what scope they shall bear the liabilities in are widely discussed and opinions are divided. Some people hold that in view of the social public welfare of act of medical treatment, even if medical units shall bear liabilities for their faults, it is necessary to make some limitations on the scope of amount of compensation, that is to say, to provide upper line of amount of compensation for damages. Another part of people start with fully protection for right and sanction and prevention of wrongful act, on the basis of General Principles of Civil Law put forward that it is necessary to full compensate for damages caused by the kind of act. The author thus expresses her own opinions, hoping to devote some efforts to the settlement of medical disputes.According to Regulations, medical malpractices are the accidents that in medical activities, medical institutions and medical personnel violate medical and health administration law, administrative provisions and laws, department regulations, treatment and nursing rules and conventional practice, negligently cause patients' damage to person. This kind of accidents are brought by medical wrongful act, and their liabilities are the concurrence...