The Recognition Of Medical Negligence

For the past few years,medical disputes has been one of the social focuses.All social circles pay close attention to coping with the medical disputes properly and protecting the legal rights of the medical institution and the patient.The recognition of medical negligence is considered to be one of the core issues in the settlement of medical disputes.Medical act itself has a high degree of professionalism and the risks,and these characteristics affect the recognition of medical negligence.The natures of doctors' negligent treatment is objective negligence and the negligence transgresses the attentive duties of doctors.The question of what kind of criteria should be used to recognize the medical negligence is not only the focus of the hospitals and patients,but also the most common questions arose in the medical disputes.Combined with the knowledge both in law and medicine,the paper focuses on the medical action,especially the recognition of the medical negligence by using the demonstration analysis and induction from the theoretical and practical aspects.The first part is an overview of medical negligence.The paper analyses the related definitions,such as medical fault and medical accident,and then,discusses the nature of the negligence and the standard of the negligence recognition in the general theory of tort law.Also,the paper discusses the particularity of medical action which has much influence. All of above are used to be the preparation for the later discussion.The second part discusses the content and type of the attentive duties of doctor,and it is regard to the recognition of medical negligence.Attentive duties of doctor is "the duty of good".Attentive duties of doctor set the mode of medical treatment,medical negligence is the essence of doctor of the breach of this obligation.The third part discusses the medical negligence can be judged by abstract standard and concrete standard.The abstract standard is medical level,firstly gets the confirmation in Japan;the concrete standard is laws,rules and concrete operating procedures,consisting of custom,convention.If there are written laws,rules and concrete operating procedures, consisting of custom,convention on the duty of care,medical negligence can be judged by the concrete standard and,reversely,by the abstract standard.Meanwhile,local,urgent and special factor also should be considered.Finally,generalizes several wrong performance in the medical negligence recognition.The fourth part is the practical analysis of medical negligence recognition by one case selected from www.chinalawinfo.com.It analyzes the concrete performance of medical negligence recognition.The fifth part discusses the mechanism of medical negligence recognition.The conclusions of medical accident recognition are closely related to medical negligence recognition.In view of the reality in our country currently that a judge at the medical negligence is highly dependent on the conclusion,the paper gives the completion of the medical negligence recognition according to the current problems and defects of the medical accident recognition system,and gives advice.