A Study On The Legal Basis Of Medical Malpractice And Handling Procedure

With the many modifications of the medical law in recent years, relevant legal questions become one of the hot topics that people pay close attention to. I regard medical malpractice as the proposition, describing its legal basis and handling procedure. Generally, the full thesis can be divided into three parts: the basic theories of the medical malpractice: the assertion of medical malpractice according to its practice; the problems regarding medical malpractice handling procedure.In the first part, I describe the basic theories of the medical malpractice, analyzing legal formation of the medical malpractice and several kinds of situations correlated with it. And I suggest keep the definition of the medical mistake, keeping the unity of the legal concepts. In the second part, I deal with the fact assertion and the law application. The fact assertion includes medical documents analysis and expert conclusion of medical malpractice. I tells about the nature of medical document and its influence to fact assertion, quoting legal cases to prove relevant problems about document alternation. Then, I analyses how to assert their individual legal strength under different experts' conclusions. And I deal with substantive law application and expert legal obligation. First, I generally speak every level of legal norm that form legal liability of medical doctor. Then I tell about relationship between "Medical Malpractice Regulations" and "The Consumer Protection Law", explaining their individual scope of application. Thereafter I analyze "article 2" of the "Medical Malpractice Regulations" In the third part of the paper I expound the fact appraises procedure, the medical malpractice crash handling procedure and the suing procedure. The fact appraises procedure is the core of the whole link of medical malpractice crash handling, I start this part with the starting procedure, determining system to prove current deficiency of procedure. Then I compare the contentious procedure and the reconciliation system to tell which is better under different situations. In the contentious procedure, I focus on a prosecution procedure, analyzing the different choices of the contentious procedure in the medical malpractice dealing system.