A Study On The Civil Liability Of Medical Malpractice Involves Civil

The civil liability of medical malpractice involves civil basic theories such as the liability for breach of contract, tort responsibility, causation, fault, principles of liability undertaken, duplication of civil liability, and liability of providing evidence, and so on. This article explores five aspects of the civil liability of medical malpractice, which comprises conception, characteristics, principle of liability undertaken, requisites to constitute liability, negation of liability, application of the liability of medical malpractice.Part one: The conception and characteristics of the civil liability of medical malpractice. The civil liability of medical malpractice refers to liability which should be undertataken by medical organs on the following occasions- they have not performed their duty of medical treatment, they have performed unsuitable duty and they have damificated patients' health. The subject of liability in medical malpractice is specified. The civil liability of medical malpractice contains the liability for breach of contract and tort responsibility. The duplication of civil liability exists in many cases.Part two: The principle of liability undertaken of the civil liability of medical malpractice. The principle of liability without fault is implemented in the liability for breach of medical contract. It is the principle of liability for fault but not liability without fault or liability for fairness is implemented in tort responsibility.Part three: The requisites to constitute liability of the civil liability of medical malpractice. The liability for breach of contract of medical malpractice contains act of breach of promise, fact of damification and causal relationship. On the base of the theory of three important conditions of tort responsibility, the author holds that the requisites to constitute liability of tort responsibility contains fact of damification, causation and fault. The article discusses the content of fact of damification, the method of authenticating causation and the criterion of judgment of fault.Part four: Negation of civil liability of medical malpractice. Negation of civil liability of medical malpractice contains unavoidable damification, rescue work, medicalmishap, medical unability, patients' fault, Informed Concent and the act of God, and so on.Part five: The legal application of the liability of medical malpractice. The article discusses the issues of bearance of liability, duplication of civil liability and liability of providing evidence. The article suggests that medical organs should bear the civil liability of medical malpractice; The way of bearance of liability for breach of medical contrct contains compensation for losses, continuing performance, payment of contractual fine and returning of hand money; The way of bearance of tort responsibility contains compensation for losses, elimination of bad influence, recovery of reputation and offering an apology. The article suggests that the duplication of civil liability for breach of contract and tort responsibility should be permited and restricted. The judicial document of the Supreme People' Court stipulates that the defendant should undertake evidential burden in the damage suit of medical tort responsibility. The article says that the stipulation is appropriate.