On The Compensation Arising From Medical Accident

Relying on proper legal way to settle the global problem of medical malpractice is definitely not an easy thing. How to balance the relationship between medical contributions to mankind and legitimate rights and interests of the disadvantaged is the common subject in medical and law circles. With the enhancement of public supervision and the increasing people's legal consciousness, more and more attention has been given to the malpractice dispute cases. And the malpractice civil liability has caused prevalent discussion among legislators, judicial officials as well as people from different walks of life.This paper, by adopting the methodology of comparison, discusses systematically upon the civil liability in the medical malpractice, its contents and essence, its principle of imputation, its prerequisite and the compensation.In the first part, the definition of medical accident is analyzed by comparison. With a comparison of medical accidents and its meaning in other countries and Taiwan region, the essay establishes its own understanding.In the second part, the concept and characteristics of the civil responsibilities in medical accidents are analyzed. And the nature of the civil liabilities in medical accidents is the concurrence of liabilities for the breach of faith and liability of torts, on the ground of either of which the victim can file a civil lawsuit.In the third part, the key elements and principles of imputation in medical accidents is discussed. The establishment of imputation principle of the civil liabilities in medical treatment should reflect two value orientations. One is the protection of the weak; the other is the balance of social interests. Liability for wrongs principle can be applied to medical default action, the presumption principle of wrongs can be applied to medical infringement litigation. The component of the medical malpractice liability is the core of civil liability of medical malpractice. This subject is discussed from the points of illegal act, damage result, errors in medical treatment and its causation.In the fourth part is about the compensation in the medical malpractice. Although there are ten forms of liability provided in General Principles of Civil Law, the compensation is the main one in the medical malpractice, because compensation can protect the sufferer's interest effectively, and it can take an effect of constraining the illegitimacy as well as the behaviors of anti-society. This article probes into the legal principles and the application of the compensation in medical treatment accidents. The scope in compensation is also discussed.In the last part, the author analyzes the necessary to make corresponding law more perfect, and then presents some suggestions concerning the system perfection of compensation for damage in medical accident.