Research On Medical Tort Liability

As a worldwide difficulty, the doctor-patient relationship has puzzled almost every country. And it is always medical tort that makes the relationship worse. In China, the"The Regulation on the Handling of Medical Accidents", which was promulgated by the State Council in 2002, is the main regulation in this area and far away to meet the immediate needs.This thesis first discusses the concept and character of medical conduct, which is followed by an in-depth study of the doctor-patient legal relation,including medical service contracts, meidical negotiorum gestio and medical obligatory treaty-making. Then medical tort liability related questions such as the criterion of liability, the constitutive requirements and the counterplea cause, are analyzed. A legislative assumption is presented in the end.By comparison and analysis, two ideas are defined in the thesis:Medical Conduct and Medical Tort. Medical conduct is the medical intervention given to individuals by proper legal subject, in which the use of medical professional knowledge and artifice is considered as its basic characteristic and the purposes are not limited as the healing of diseases. Medical tort refers to civil wrong that caused personal injury to the medical service receivers by the medical institutions or the medical workers in the process of medical conduct by violating the law concerning medical treatment and health or the standards or conventions of medical treatment and nursing. The legislative assumption refers to a legal system of medical tort liability which takes the Civil Code as core and other medical and health law as complements.