The Study On The Professional Negligent Action Of The Physician

The professional negligent action of the physician ,is the negligent action caused by its medical malpractice that aggress the patient' s human rights. The theory of the professional negligent action of the physician is a buildup of professional liability and the liability of tort and the physician's professional negligence and of course the criterion of the physician's professional negligence. There into, the professional liability is the liability been charged with the specialist for its violation of regard obligation; the liability of tort is the liability been charged with the actor whose action and thing caused the damage; the physician's professional negligence is the negligence caused by its action acting against the regard obligation; the criterion of the physician's professional negligence is the material criterion of the physician's negligence judging by its professional action.And for the preciseness and integrity of the system info ,the ways and the means of the article advisement ,is from common and abstract to specialties and embodiment. At the same time the article also pay attention to the keystone. In the front of the article the author listed below the character of the specialist and the complex liability of the specialist and the principle of imputation of the specialist and also the practice of professional liability in the worldwide nations.In the author's opinion, the domestic professional liability of the physician is not should be but also has already been brought into the domain of the law of tort for adjustment. And when discussing the choice of the principle of imputation of the physician's professional liability ,we thought it should be the liability with fault rather than the no-fault liability or billigkeitshaftung.And when talking over the professional negligence of the physician, it should be firstly referred to the theory of subjective and impersonal negligence and its criterion in the domain of civil law system. Then we can get the answer that the criterion must be the impersonal criterion that keeps to several principle such as rational and exercisable and timely and so on.