Characteristics, Difficult Points And Trying Countermeasures Of Disputes On Compensation For Medical Damages

The compensation disputes for medical treatment damages become one of the focal points that society shows solicitude for in recent years.At the back of the focal point,there exist divergences about a few fundamental problems in the theory studying and trying reality of this kind of dispute.The promulgation and implementation of the Supreme Court's "some provisions about civil lawsuit evidence" and the State Council's "Regulations of medical accidents handling" have produced significant effect on the trial practice of such kind of dispute.But since our country's legislation relatively lags behind and is not unified in this aspect,there present many differences of understanding and legal appliance in trial practice:cases of basically same facts sometimes have widely different result in different court trying.At the same time,because of this kind of law case relates to the special field problem,which is specialized edge to the judges,such kind of disputes have became comparatively complicated kind of law case in the trial reality of the people's court at present.Disputes on compensation for medical damages not only relate to citizen's rights of life and health and property rights,but also involve the significant benefits of medical establishment,so the correct handling of this kind of disputes has great significance to the society's stability,to promoting the society's harmony and to ensuring the lawful rights and interests of both sides.The main body of this essay includes three parts:Partâ… is the fundamental condition and characteristics of the cases on compensation for medical damages,which are obtained from investigation and summing up.On the basis of surveying broadly,the author starts with the trial practice about trying medical damages cases of two-stage courts of Ji Nan City in recent 6 years and then carries out a summary on the characteristics of this kind of law case.The author summarizes five major characteristics of this kind of case:Litigant's consciousness of maintaining rights strengthens gradually;the trying difficulty is big;the dispute is various in forms,law suitable for use is not united;trial time is long,etc.Partâ…¡has carried out thinking on relevant law problems about compensation disputes for medical damages.First of all,the character of the legal relation between medical organization and patients has been analyzed,and on the basis of fixing the legal relation character in accurate boundary,pertinent concepts about civil disputes have been discriminated,making medical compensation for damages clear to belong to the right infringement responsibility on the concept.Then the duty of medical service has carried on the elaboration in this part,in order that through making medical duty clear and definite, we can judge and make accurate decision on the fault of medical service.Then in this part, the author expound the relation between "Regulations of Medical Accidents Handling " and "the General Principles of the Civil Law ",having made law appliance problem about such kind of disputes clearer.Then the duty assignment of presenting evidence has been analyzed,so has the relation between the technical determination and the judiciary determination of medical incidents.Partâ…¢has carried out an analysis on the primal problems of compensation cases for medical damages in trying practice combining with cases.The main problems is as following:case reason determination;litigant determination in various medical treatment behaviors;the range boundary of presenting evidence identification as well as the compensation number which litigants are most concerned with.On the basis of finding out problems,combining with trying practice,the author has brought forward some countermeasures against above-mentioned problems.The author thinks,under the condition that the medical treatment compensation for damages disputes increase gradually;this is only redress after the event although the judiciary means has brought the certain effect into play to patient benefit protection.In the field of solving medical treatment compensation for damages,we need to pay attention to the following problems:First,organically combining up protecting a patient's lawful rights and interests with protecting the healthy development of medical science.Second,because of complexity,specialty and burst characteristics of the medical process,Doctors own a large freedom space to decide cures,so we must emphasize that sincerity principle exerts a great significance in medical treatment process and we should impose certain duties on doctors by legislation so as to balance the relation between medical organizations and patients.Thirdly,since medical treatment faults compose damages directly to patients' rights of health and right of life,therefore all judiciary protection is only be considered as indirect measure,so avoiding fault's happening and taking precautions against the hurts to patient's interests are the most important.