On The Medical Organization's Tort Liability

The duty of medical negligence is very important issue in tort law with great significance on both theory and practice. But the law system must balance the interest between patient and medical institution. On the one hand, the judges need to protect the rights and benefits of the patients who are always the weaker ones in medical relationship by legal procedures; On the other hand, they also need to identify if there is medical negligence of specialists in order not to hurt the working enthusiasm of medical specialists.So we have to get different concepts in medical malpractice into shape. Besides, as the approval of the Tort Liability Law, the principle of liability fixation plays an important role in tort law, we must resolve how to apply it to the presumption of fault and causality. Then the author distinguishes the illegal and fault. Finally, according to the Tort Liability Law, whether it meets the demands of medical accidents matters anymore, so the paper will involve the issue of compensation for medical malpractice, and the scope, amount of compensation are also worth exploring.Chapter 1 is the summarization of medical negligence, because there are several familiar concepts in real life, and we should know exactly the meaning of medical malpractice in tort law before we try to define the scope of it. The other parts of Chapter 1 would analyze the nature of medical malpractice, and the problems in our existing statutes. Chapter 2 researches on the principle of liability fixation. As the imputation principle is the core area of the tort liability law, and the causality seems even more complicated and confusing in medical malpractice. The author paid more attention to the principle of liability based on fault and causality in tort law, and made further consideration on the identification of causality. Chapter 3 mainly talks about the constitutive elements of medical malpractice—ault, Actual Losses or Damages, and Causal Connection between Tortuous Conducts. Chapter 4 presents the compensation for damages. Before the approval of the Tort Liability Law, many disputes about the legal application principle of double system in medical tort compensation exist, which leads to unfair results. So in this part, the dissertation analyzes the proper applied law of compensation for damages and the subject and nature of vicarious liability. On the other hand the author noted that various factors should be taken into account to balance the benefits of both the hospitals and patients, so as to settle down the disputes fairly.