Causal Relationship Between Research, Medical Liability For Damage

Causality problem is a difficulty in Tort Liability Act. Causality presents different characteristics in medical malpractice liability, so the identification of causality in medical malpractice liability is different from that in liability for tort in other fields. This thesis is devoted to expound the opinion of the author on the causality problem in injury in medical liability.In this thesis, the author mainly adopts such approaches as case analysis, comparative analysis and value analysis. Through comparing the identifying method of causality in medical malpractice liability with those in other foreign countries and weighing the interests of hospitals and patients, it is found that the identification of causality in injury in medical malpractice liability is deeply influenced by the theory of positive causal relationship, the standard for identifying causality in judicial practice is not identical, the key factor causality in decree is often concealed in the identification of the key factor medical malpractice, and the rule of force is abused in the trail of such cases.In the author's opinion, in order to improve the currently disordered situation of the identification of causality in medical malpractice liability, the theory of positive causal relationship should be abandoned while the two levels of causality identification should be constructed; namely, we should follow the two steps-the identification of causality in fact and that in law. In the identification of causality in fact, the theory of necessary condition should be employed; When the causality in fact in medical malpractice liability cannot be identified and there exists obvious malpractice in hospitals'practice, easing the burden of proof should be adopted or the causality should be reduced, combining the specific case. The identification of causality in law should involve the original judging standard-equipollence that exists in the theory of relative causation in mainland laws; that is when the possibility of injury to patients is increased by the medical practice, the task of value judgment should be borne by the key factor violation of law in medical practice and the key factor medical malpractice. In order to protect the patients'interests better and realize the goal to deter the appearance of injury in medical practice, it is necessary to admit in judicial practice the theory of curing and the loss of living opportunity. in allusion to the abusive use of rule of force in the judicial practice of medical injury compensation, the author thinks that it is necessary to combine that with the rule of faultiness in cases of medical injury compensation, with the faultiness of hospitals and patients as the main factor and the strength of force as the auxiliary factor.