The Confirmation Of The Legal Responsibility Of Medical Malpractice Compensation

In our country,medical malpractice cases increases rapidly In recent years.The conflict between hospitals and patients has become a serious social problem.Only take Peking as an example,in 2006,the west city area court accepted 87 medical treatment dispute cases;In 2007,this numeral arrived 198,double more than the last year.Under these circumstances,legislation drops behind the situation,the laws are conflicting and the cases in the court are difficult to be adjudged.In this article,I want to design a equitable management system to balance the conflict between patients and hospitals by studying the responsibility of the medical malpractice infringement.In addition to preface and conclusion,this text is made up of total three parts of:The first part summarize the responsibility of the medical malpractice infringement.Introduce the concept of the infringement responsibility of the medical malpractice,both parties of the legal relationship of medical malpractice infringement is medical treatment organizations and patients.Introduce the concept of medical malpractice indemnity dispute,and its legal responsibility property is a civil case infringement dispute,the legal character of the medical malpractice injuresis an infringement responsibility.The second part is the detailed discussion of affirming the infringement responsibility of the medical malpractice.The main factors of affirming the infringement responsibility of the medical malpractice includes a sufferer to be subjected to the fact,the illegal behavior of medical treatment organization in the process of treatment,the causality between the illegal behavior of medical treatment organization and the infringement result of Human body injure,the subjective fault of medical treatment organization;carry on a detailed study to these 4 factors,analyse the medical treatment infringement responsibility of medical treatment organization failing implement of the duty of disclosure,carry on detailed introduction and treatise to the right to know,responsibility of disclosure,right of approval...etc.Analyse the concept of medical malpractice and the infringement responsibility of the medical malpractice,Analyse《the processing regulation of the medical medical malpractice》,inquiry into the property and function of medical malpractice authenticate.The property of medical malpractice authenticate belongs to a civil medical science technique authenticate.The function of medical malpractice authenticate is subjected to the restriction of objective factor and short of candor.Discuss the application of responsibility of the medical treatment indemnity.Discusses the responsibility allotment of adduce evidence between sufferer and medical treatment organization,discuss the principle of cause and effect relation predicts and the principle of fault redict,the responsibility adduce evidence set upside down t.discuss The problem of proof conservation in medical treatment indemnity cases.The third part discusses the conflict and solving way of the law provision of the medical treatment infringement responsibility affirming.Analyse the difference between infringement responsibility of the medical malpractice and the infringement responsibility of the medical treatment fault.In medical malpractice cases,the scope and standard of compensate responsibility of the medical treatment organization are adhere to《the processing regulation of the medical malpractice》.the scope and standard of compensate responsibility of the medical treatment organization are adhere to《civil law general rule》and Supreme People's Court《The explanation of some questions of applying law concerning Human body injury indemnity case》in infringement responsibility of the medical treatment fault.This causes trouble in the compensation quantity between the responsibility of the medical malpractice and the responsibility of the medical reatment.When the responsibility is large,the indemnification quantity is small,when the responsibility is small,the indemnification quantity is on the contrary large.Carry on analysis to basis and source of the difference of indemnification quantity of them,inquiried into the method of how to solve of this antinomy.