Discussion On Current Medical Malpractice With Harmonious Relationship Between Doctors And Patients

A harmonious relationship between doctors and patients is the base for all medical treatment activities. In recent years, People pay more attentions to medical disputes due to the following factors: the raise of the patients' knowledge about their own right, the negative effect of the market economy, some unsuitable introduce of medium. Moreover, because of the judicial proof problem, there are tendencies of more settlements of medical disputes by the judge and various cracks are occurring on the relationship between doctors and patients and are deepening gradually. Although the civil procedure system has been gradually improving, the current law in medical malpractice can not be satisfied with the reality. In regard to the civil procedure of usual torts, the law in force, such as the burden of proof and the discretional evaluation of evidence, is valid.But as the legal practice and the sociology been concerned, there is a wide gap between the ideal and the reality. The law should balance the asymmetric information among doctors, patients and judges. In addition, government, patients, doctors and all of us should do our best to ease of tension between the patient and the doctor.At present, the limitation for solving specialized problems in legal system in our country has exposed. Therefore, "The Civil Evidence Code" published by The Supreme People's Court of China firstly confirmed expert witness. However, people in China pay more attentions to the status in litigation which the expert witness takes than the positive effect it brings. The purpose of study the expert testimony is to change our traditional point of view in civil procedure.The introduction of the essay quotes the Nash Equilibrium in economy, then the essay is talked over in the following three parts respectively. The first chapter checks existing system and the legal practice, and points out the problems in medical malpractice. And the second chapter analyses existing problems about the questions from legal and sociological view, which mostly include a key reason that the information is asymmetric between doctors and patients. The third chapter analyses kinds of the reasons about the existing problems and points out that Fairness should be prioritized and efficiency should be taken into consideration in medical malpractice, and the author brings forward some superficial suggestions on it. The ending sums up the all essay.This essay is Well Balanced between theory analysis and experiences on administration of justice, and at the same time using some foreign practices for reference, in order to find out an effective way to solve china's problems and improve China's witness system in medical malpractice.