The Study Of The Standard That Asserts Medical Fault In The Medical Tort

For the past few years, medical tangle has been one of the social focuses. All social circles pay close attention to coping with the medical tangles properly and protecting the legal rights of the medical institution and the patients. With view to the particularity of medical behavior, this paper focuses on how to use the theories of civil law to determine the standard that we use to decide whether the medical behavior is fault. On the basis of comparative study on the different treatment modes of various countries in medical damages, the author will limit the discourse in the range of tort law. On the basis of elaborating on the change of standard asserted to the fault, considering the particularities that the medical behavior has, the author thinks that it is the medical level to establish the general standard to assert medical fault and if medical behavior violate the duties of care that health care manage law, administrative statute, department rule stipulate, the medical behavior should be regarded as fault. While asserting the medical fault, the author adopts method that real example analyses, and considers synthetically other factors such as hospital grade, regional disparity, the doctor's attention ability, discretionary power, the medical practice, etc. Because the exploration, invasion and pursuing the greatest security of the medical behavior, the reasons that avoid responsibility shall be discussed, so as to expect to make the accurate judgment to the medical fault in the judicial practice. At the end of this paper, the author puts forward some suggestions on medical legislation in order to offer a rational bottom line for dealing with the medical dispute correctly.