Study On The Civil Liability Of Medical Damage

In recent years, the relationship between doctor and patient becomes more and more tense. Medical disputes are disagreements and arguments between doctor and patient during the diagnosis and nursing. In recent years, with the medical structural reform and citizens' increased legal awareness, especially their raised right safeguarding awareness, there always exist more and more contradictions between their expectations to the health of their own and families and clinical science; thus bringing a great deal of medical disputes regularly in the medical structure and civil life. Medical disputes are both hotspots in the civil life and difficult points in the judicial action in China. Dealing with medical disputes correctly is not only a work with great science and policy, but related to both the civil rights of life, health and bodies and existence and development of the medical structure and improvement of clinical medicine, as well as social peace and harmony, meanwhile accompany with the struggle to diseases all along.Dealing with medial dispute can be in different ways; however, lawsuit still plays a leading part in solving medical dispute problems. At present, technical identification of medical damage in medical lawsuit and the duality of the suitable law in medial dispute cause a big diverge from cognition to practice; therefore, the adjudications are widely divergent in different courts with the similar medical dispute.With regard to the concept of medical disputes,it should be defined by the subject of medical disputes, and object of medical disputes. For medical disputes, there are four different classifications with different standard, it is fit our medical dispute judicial practice that it is divided into medical disputes and medical errors dispute. Not all the disputes happened between doctors and patients are medical disputes, the standard in distincting medical disputes and non- medical dispute is whether medical treatment does harm to the patient's right to health, right to life.Modern civillaw has made individual applicable area and system. As breach liability and tort liability have different formative reasons and legislative basis, the coincidence of them become focus disputed in the research of civil law unavoidably. To begin with the civil liability of medical action and damage, the thesis compared breach liability with tort liability in the damages with great disputes in recent years, discussed liability coincidence of the two, and gave my own view on it.This paper starts with the concept, classification and boundary of medical dispute, introduces the present status as well as the reasons, analyses the responsible principal and key components of civil liability in medical dispute. The writer emphases the allocation of burden of proof in practical damage compensation, technical identification of medical damage and medical damage compensation. At last, the writer draws a conclusion about the present status of utilizing the law in medical dispute and also puts forward some legislative proposals.