The Improvement Of The System Of Compensation Of Damage In Medical Accident In China

The doctor-patient relationship is always can not be well taken care of. Not only because of the specificity of medical malpractice tort damages in such cases, but also because medical dispute cases in China in terms of legislation is lagging behind, as well as other social factors causing the problem. The current legislation on medical malpractice damages is still to rely on the adjustment of administrative rules and regulations as the main tool in China. This paper bases on the description of the problems of the current medical dispute resolution process to focus on the status of the law which apply to the medical malpractice damages and the legislative conception. Analyzing the particularity of the elements of the medical malpractice liability for damages to make a number of related legislative proposals to show it ought to be.At present in China, the treatment of medical disputes is complex which is mainly because of the imperfect legal system and administrative regulations.for the current medical tort which is only a temporary means after all. To distinguish between the boundaries of administrative responsibility and civil liability, establish and improve a unified special laws (including the true meaning of concepts such as rules), can be a good end to the current chaotic state of the relevance of laws and unify the application of the law of such infringement cases as well as the medical identification of the "dual track" problem which its based on.Therefore, this paper is mainly about what be made in the future-"medical malpractice tort law" (temporary name) -should focus on aspects of expression, or that should be areas of concern, can be broadly grouped into the following points:1. In order to properly handle the disputes of medical malpractice damages and ease the physician-patient relationship as the core, to maintain the medical order and protection of the medical security and promoting the development of medical science for the purpose of this Law is formulated. 2. This Act referred to medical institutions and health care, including cosmetic plastic surgery such as the institutions and personnel of development of medical science-based branch of industry together.3. The medical institutions and personnel which have not obtained national certification means not qualified, but for the profit or the other purposes to provide the medical services that cause the medical damages should apply this Law.4. This Act refers to the alleged medical accident is the medical institutions and the staff which to provide medical services that the nature is to heal or revive for the purpose, due to negligence that caused the patients unintended adverse consequences.5. This Act refers to the alleged medical malpractice is a violation of the duty of a standard subjective state which is the same as medical negligence of "reasonable healer" in the medical profession recognized.6. When the damage resulted by multi-aspect, the bound of medical malpractice liability that should be limited to the damage reasonably be expected to exist by physician, patients and inflictors. 7. This Act is to adjust improper medical damages. If the damages due to a reasonable medical treatment services for their own which the patients know or should know and agree, medical institutions and personnel with or without fault are not required to assume responsibility.