Study On The Tort Liability Of Medical Damage

In recent years,the issue of the compensation for medical damage has called comprehensive attention from the society and became one of the hot topics.Thus in legal science and judicial practice,they have no yet achieved the unified understanding on connotation and extension of the medical right infringement responsibility.But the sixth meeting of the 11th NPC Standing Committee discuss The Tort Liability Law Draft in December 2008.It's a great chance to rebuild the law system of medical damage and fairly handle the medical damage cases.Under this background,conducting the research to the medical right infringement responsibility has the significant importance in practice.This thesis is composed of four parts with the title the research on the tort liability of medical damage.Chapter one,the meanings and classification of medical damage and the nature of the compensative responsibility of medical damage.Since the related laws and regulations about medical damage don't come to a conclusion,and the theory viewpoint is not unified,it's important to define medical damage and discuss its classification.Chapter two,the components in medical damage tort liability.The component of tort liability for medical damage include the following three elements:medical fault,medical malpractice,the causality between medical practice and medical damage.This article illustrates the concept and standard of the component of the tort liability for medical damage in details,regarding it as a foundation in practice.At the same time,the reasonable appraisal standard of medical fault should be set up.Chapter three,the rule of imputation and the division of burden of proof in the lawsuit of medical damage.First,this part analyzes the rule of imputation in medical damage liability is the fault liability principle and presumed fault principle which is a special form of the fault liability.Then it focuses on discussing the burden of proof that should be respectively taken by the parties of hospitals and patients after the inversion of presenting evidence.At the same time,authoritative medical damage identification system should be established to guarantee the verdict of identification to be real,scientific,objective and just.Chapter four,the burden of medical damage tort responsibility.The article holds that the assessment of damages should adhere to the principles as follows:general compensation, limitation of amount,offset of fault.At last the negation of tort liability of medical damage, which contains rescue work,medical mishap,force majeure,patients fault and so on.