The Researches On The Medical Lawsuit

Since long ago, the medical care personnel has been regarded as the person who is undertaking the significant mission of healing the wounded and rescuing the dying ,and at the same time is fulfilling the lofty responsibility of curing the illness to save the patient. In people's eyes, doctor enjoys the high reputation which practices medicine and provides relief. But in reality, the increasing malpractice, medical disputes and lawsuits have made the medical service fall into an awkward region which the various countries have admitted of no exception. The scholars have elaborated on every kind of medical dispute. I have been engaged in trying the medical cases since many years ago, and also have shown my own opinions of the medical disputes in my many writings. But, I deeply feel that there are still many questions in this domain to be clarified. But the problem is that the old question has not been solved, the new one has appeared.This article is composed of four parts: the introduction, the present situations and characteristics of medical service dispute in recent years, some concrete questions and the conclusion.Starting from a real case, this article firstly talks about the general comments of the nowadays society towards the hospital and the relations between hospitals and the illness, then elaborates on the present situations and characteristics of medical service dispute. In certain concrete questions, one by one I elaborate on several questions which often appear and cause different opinions. Let's take "how to distribute the burden of proof for example. The present law stipulates that in the medical dispute cases, the medical establishment should take the burden of proving that there is no causality between the medical behavior and the harm, or there is no medical fault. Everybody has no objection to the law itself, but should the medical establishment prove the two items at the same time or either of the two items mentioned-above which can make it excused from the responsibility of compensation? Again for instance, as for the burden of proof for both sides, to what degree do they prove which can be called they have fulfilled their responsibility? This trouble not only puzzles the hospital and the illness, but also puzzles the judges. In this article, I elaborate on the above questions one by one.In the medical lawsuits, the choice of cause of action, the determination of main points of a case, the adoption of related evidence, the related medical appraisal procedure and so on, these are questions which are puzzling us. As for the choice of cause of action and the determination of main points of a case, I give my opinions in this article with regarding to the present law. As for the adoption of related evidence, I emphasize on the questions of the authenticity and the judgment standard of the medical record, the authenticity and the judgment standard of the audio-visual material and the giving evidence in the court by the medical care personnel in this article. As for the appraisal procedural, I have talked about the questions of the starting, the nature, the choice of appraisal organization, the once-again appraisal and the expert accepting questions in the court. In the conclusion, I briefly introduce the difference among the medical contract, the medical torts and the general torts and give my own opinions on how to try the cases of medical disputes and how to construct the harmonious relations between the hospital and the illness.I hope this article can provide a way for the construction of the harmonious relations between the hospital and the illness.