Study On Tort Liability For Medical Malpractice

The tort liability of medical negligence is a kind of civil liability, but in our present laws it is a main form of civil liability. According to the present situation of medical business, studies of the tort liability of medical negligence are of important legal significance. This thesis is divided into three parts: general survey of medical negligence and the tort liability of medical negligence, the principle of imputation, formative components and way of assumption of the tort liability of medical negligence and the legal application and systematic perfection of the tort liability of medical negligence. In this thesis, the basic issues of the tort liability of medical negligence are primarily studied.Part one is the general survey of medical negligence and the tort liability of medical negligence.In this part medical negligence and basic issues concerning the tort liability of medical negligence are under discussion. The author intends to present basis and foundation for the study of the tort liability of medical negligence. Issues from three aspects are discussed: the concept and characteristics of medical negligence, the concept and characteristics of the tort liability of medical negligence and the relationship between the tort liability of medical negligence and related systems.The present concept of medical negligence is defined by the Statute. Medical negligence share four characteristics: they are negligence in quality, the object of behavior and the object of responsibility are specific, they occur from the medical service offered by medical organization and mistakes in medical nursing are necessities.The tort liability of medical negligence takes medical negligence as the objects. It is only one kind of the civil responsibility of medical negligence. The formation of medical negligence is the necessary condition for the tort...