The Coincidence Of The Civil Liability Of Medical Damage

Medical dispute is a hot and serious topic in today's China. The law problem which results from the contradiction between doctors and patients has been a heated, but thorny issue in the field of civil law. In the past, the lawful rights of both the doctors and the patients couldn't be protected effectively, not only because the relevant theory research and laws are imperfect, but also because people from different walks of life have various views about the relationship of hospital and patients, which is one of the main factors of violence accidents. With the Regulations for Handling the Medial Accidents and the Institution of The Supreme People's Court on Evidence of Civil Case coming into force, it has changed to some extent, however there exist some problems. For example, what is the extent to which hospital should be responsible to the medical damage? What is the liability coincidence of both breach of contract and tort? How should we protect the lawful rights of both doctors and patients, meanwhile, medicine can get developed in a sound and smooth way?This article tends to give the detailed analysis from the point of medical action and civil liability which is caused by medical damage, aiming at the balance of legal rights which exist between the hospital and patients, referring to relevant theory research and practice of jurisdiction, comparing the liability between breach of contract and the liability for infringement of rights. Analyzing the coincidence of contract liability and tort liability, several means have been put forward to solve the issue of the coincidence of both liabilities. This thesis is made up of six parts except...