The Economic Explanation Of Medical Tort Problems

In recent years, tort, has proved to be a focus of the subject, not only in the judicial field, but also in the society wide. The law of torts protect the privacy laws for not being violated, a person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or "liable," for those injuries. Torts cover intentional acts and accidents, the medical problem in the field has a special value for researching. Healthy is closely related to everybody's daily life, and the losses of medical torts are huge and particularly difficult to be fetched up. When a medical incident happens, how to measure the responsibility? We always deal with medical torts as fault duties. Is it reasonable? Nowadays a phenomenon which is worth to be noticed is that: people are very sympathetic to patients so that they can't be sensible enough to judge. More and more people call for high compensation. Medical tort is no longer just a legal issue, it has become an economic problem. We can analyze the problem from an economic point of view: whether it can improve the social welfare. The kind of research will be with great theoretical and practical significance.Its theoretical significance lies in that: We use Hand formula and the marginal double duty on the theory to build a economic model. And on the basis of the economic analysis for tort, we will aim at the specificity of the medical tort to proceed economic analysis. Its practical significance lies in that we can solve the practical medical tort problems with the economic model. And we also can give some advices for the policy.Based on the purposes above, in the course of researching and writing, the mainly way we used is to combine the economic model and empirical research. Economics is a social science on how to make rational allocation of social resources thus maximizing the effectiveness, it focus on model building and analysis of statistical data , on the other hand, Law is a practical science, medical damages Law is no exception, and it has strong practical and professional characteristics. In this paper, under the framework of the economic model, we use economic manners to explain medical problems in three-pronged approaches. And basis of that we can make recommendations to improve and perfect the legal system of medical damages in our country.This paper is divided into three main parts, discusses the following three questions separately:In its first part, the main content is about the economic model building. First of all, it defines the related medical concepts. Secondly it is involved to explain the concept in economics. At last, it will contrasting medical torts and general torts, to explain the differences between them by economics and law two points of view.The second part, the main contents is talking about two topics: one is the norms in medical tort laws and the defects of the laws. It will summarize existing laws and regulations in China which is related to medical tort by organizing many materials, in order to find the shortages in the process of its development. The other is about the practical medical tort problems in China. It will analyze three typical cases from different angles, each case will be interpreted in economic way and law way separately, and then the two results will be compared on purpose to get the best selection.The third part is a summary. It sums up Part II and Part III and finally come to the conclusion: these defects of medical tort law in China may not become an effect to cause fairness of trials, but from the economics perspective they can be inefficient. We need to improve the current rules and regulations through case studies, in order to league economics and law together. The law should not only maintain a fair, but also get efficiency.