Medical Compensation Disputes Trial And Difficult Inquiry

Dec.26th, 2009 approved, July 1st,2010 implement, the Tort Liability Law of the People's Republic of China has a specific provisions for damages of medical liability. It provide the legal basis of the fault principle, the burden of proof, the obligation to disclose of medical institutions damages for medical disputes, the situation that medical institutions should not be liable for the people's court to resolve the related cases promptly. But how to affirm the information that provided by medical institutions, identification procedure of the medical records, how to affirm the inspection report, and how to affirm the causal relationship, these difficult problems is still plagued the judge, which lead to the result of the same kind of cases with different decesion, which cause discontent between parties. Therefore, the writer introduce remarkes for the case finding, identification procedure, and the causal relationship of medical disputes combine the practice of hearing cases and its legal provisions of related theory. To hope that justice can be done, at the same time be favorable to the waek party in handling such disputes.There are five sections in this paper. The first part is introduction, in this part the writer put forward the background of the study, and the problem which will discuss. The second part analysis of the concept of medical liability, and through it to dissect the concept and characters of medical liability, analyze the scope of medical liability in the legal aspect, in order to have a comprehensive understanding. The third part mainly study the difficult position of the affirm of relevant information from the medical records, shows that the facticity and perfection is hard to affirm. And this can be solved by analysis the true information as the basis of making a decision. The fourth part mainly discuss the problem of identify of medical liability, shows the difficulties of the chose of identfy procedure and the decision making and then provide effective solutions. The fifth part discuss how to judge the causal relationship, and provide diversification of burden of proof, which exercises regional cases instruction.