The Study On The Issues Of Fault In Medical Damage Liability

"The People's Republic of China Tort Liability Act" includes the medical liability for damages, we can see legislators pay more attention to it , because of the increasingly tense of physician-patient relationship in recent years, "medical dispute "incident occurred frequently in China's various regions. Tort Liability Act provides special chapter of medical damages for defining the body of medical liability and the principle of identification. At the same time it made clear the fault liability for medical damages in the chapter, which is significant for the identification of medical liability for damage and conducive to balance the relationship between patients and medical institutions, so as to promote harmonious development of physician-patient relationship , but the chapter is still flawed in many aspects, such as medical criteria for determining the fault was not sufficiently clear, the burden of proof on the fault does not make the necessary provisions. Many scholars have theories of damages for medical research, but the lack of a systematic study of medical mistakes and not fully aware of medical mistakes in the medical damages in cases of importance. Such as some scholars focus on medical accident research, but the essentially the nature of medical accident and medical mistakes have a distinction, there is injustice in our long-established pattern of binary system, and deep study of medical mistakes are conducive to resolving this problem, making more equitable treatment of medical liability for damages.Therefore, we need to draw on the research results of medical mistakes of other countries , including civil law and common law ,and we must have study Chinese typical cases in medical liability in-depth .Besides , we should study systematically medical mistakes, including the connotation of medical fault, the legal values of medical mistakes identified, the standards of medical mistakes recognized ,and the procedure of medical mistakes identified and the defense theory of medical fault. In these problems, the standards of medical mistakes recognized and the procedure of medical mistakes identified is even more important, they have the greatest impact on medical liability for damage. It is appropriate to take medical duty of care as a identified standard of that medical mistakes ,in the burden of proof ,we should learn from the principle of compromise in other countries, so that more conducive to determine the medical liability for damages , but also conducive to balance litigious status of parties to the litigation, and determine that identification of the medical liability for damages belong to forensic identification is also very important to improve the system of the medical liability for damages.Preamble describes the significance of fault studies for the responsibilities of medical damage. The growing tension in physician-patient relationship is not conducive to social stability and economic development, a reasonable provision of medical mistakes are conducive to resolving the binary system model, to promote the harmonious development of physician-patient relationship.Body consists of four parts.The first part is the basic theory of the fault . This section has a cushion effect, it should be based on the theory of fault on medical mistakes, such as the identification of fault has a good guide for identification of medical mistakes.The second part focuses on the basic problem of medical mistakes, the main objective is to indicate the basic connotation of medical mistakes. This section defines the concept of medical mistakes, medical mistakes and related Concepts, the body of medical fault.The third part is the identification of medical fault, in part the focus of this article, but also the difficulty this article. The duty of care by medical mistakes as a medical identification standard is reasonable, and by the type of research method allows more perfect system of health care duty of care, and design the procedure of medical mistakes identified . This section refers to several typical cases at home and abroad, so that the identification of medical mistakes is more operational.The fourth section discusses the defense of medical mistakes. To give medical personnel and medical institutions fault defenses that are conducive to a balance between medical institutions and patients rights and obligations, thus contributing to the harmonious development of physician-patient relationship.