Medical Malpractice Right Infringement Research

The medical profession is involved in millions of households, with the social nature of public welfare undertakings. At present, from a planned economy to a market economy, some medical staff in style, quality of service decline, which should not have happened, there have been some medical infringement dispute, the interests of the people to the country and caused serious losses, but also aroused the community universal concern and deep worries. Infringement dispute in the medical case in judicial practice, as to whether the existence of medical negligence are different views and controversies. The two types of medical negligence or medical malpractice and general negligence standard of tort appear chaotic, leading to increasing conflicts patient, such defects have become an obstacle to the healthy development of medical science, the building of a harmonious relationship between doctors and patients of the major obstacles. Therefore, it is necessary to conduct in-depth study of medical negligence, from the clear legal responsibility and tort liability. The paper is divided into three parts: the first part of medical negligence cases to the special nature of infringement analysis. From the form of liability, both patient and medical negligence cases the type of infringement that is the general medical negligence and medical malpractice tort set out a three-pronged approach; on the second part of the specific general medical negligence and tort liability. From the elements, the specific form and how to apply the law to set out three areas; the third part of that deal specifically with medical malpractice tort. From the composition, does not constitute a medical malpractice case, the patient informed consent and the right to legal defense and how to apply to the four areas. Finally, the existence of judicial practice and legal understanding of the application of the confusion, the proposed legislative pay close attention to the development of related laws, so that uniform application of the law to protect the legitimate rights and interests of both doctors and patients.