Medical Disputes On The Legal Issues

Medical conduction is closely related to people's ordinary life. Since there are indeed many inextricable problems still existing today, doctors' occasional misplay or the side-effect and natural damage of medical treatment sometimes do harm to patients' health and life, leading to the happening of medical injury. China's legal system is in development yet and many rules of law require further improvement, so that there are few flawless juridical mechanisms in solving medical dispute at present. As such dispute has happened more and more frequently in recent years, it has been an important social problem worthy of much attention. Medical treatment dispute is a kind of special and temporary process, during which at the function of reasons sufferers put forward all sorts of right requests because of being dissatisfied of all the medical treatments or part , and of the result of medical treatment while both parties' cognition exists difference. How to clarify the injury duties of medical treatment disputes, and to divide doctors' risk in the medical treatment have become the important lesson that law circle need to solve in order to make sufferers acquire appropriate and quick indemnification. Keys that solve medical treatment disputes are to define duties to look for attaining risks dissolved and to realize compensation. In judiciary practice, the indemnity duty of medical treatment disputes is a contract duty matching with an infringement duty since it shows a kind of contract duty and presents characteristics of infringement duty. The principle of medical treatment injure is the fault predict outcome principle. When the items composing the medical treatment injure duty are analyzed, the method that duty is set upside down is the main means of equilibrium to cure to get the both parties' information dissymmetry on technique information of medical treatment. Because of special medical treatment injure, on the one hand , we should make sufferers in medical treatment accident acquire quick and appropriate indemnification or repair; on the other hand, we should make doctors take personnel indemnification duty , making nation and social people undertake the risks that people live together at the same time, making doctors being absorbed in the profession medical treatment behavior without cares at homely, avoiding the doctors defending sufferers excessively and causing medical treatment quantity descent. Our country should construct other paths of handling medical treatment dispute, and reasonable compensation mechanism in medical treatment injure, craving for litigation outside, finding another path of valid solution medical treatment disputes, and trying to get both parties' equilibrium.