Research On The Medical Expert's Duty Of Loyalty

Medical expert's duty of loyalty is on the basis of the client's trust and dependences. Medical experts can't pursue the interests of himself or third party when they server for the clients'interests. Medical expert's duty of loyalty and duty of care are cross-cutting in the content, but they are different in the standards, type, elements of obligation and responsibility. Medical expert's duty of loyalty and the duty of loyalty to the medical institutions are different. There is profound theory basis and a wide range of origin.Medical expert's duty of loyalty base on the special fiduciary relationship between he and the client. The medical ethics can not be directly identified as the content of medical expert's duty of loyalty. Medical expert's duty of loyalty includes three parts: the prohibition of acts contrary to the client's interests, the prohibition of dishonest acts and the duty of explaining the important information. The duty of prohibiting dishonest acts includes dashed expectations and incorrectly using of discretionary power.Concurrence happens to liability for breach of contract and liability of tort when medical expert breaches the duty of loyalty. But both the liability is same on the basic elements. Medical experts breach the duty of loyalty means negligence,the physical distress fact is complex. The patients'loss of chance also can be recognized as a tort damages within reasonable limits. The breach of the duty of loyalty often happens when medical experts don't explain the important information. The ground of pleading of Medical experts breaching the duty of loyalty almost haven't difference, but it is more professional and complex. We should pay special attention to patient's consent and exemption clauses.At present, the legislation of experts'liability and medical expert's duty of loyalty is still relatively fragmented and very immature in our country. To improve the legal system of medical expert's duty of loyalty, we should construct it from three levels.