On Civil Liability Of Medical Damage

With medical accident increases explosively, people gradually pay more attention on medical dispute. How to balance the interests between doctors and suffers is the core in legislation on compensation for medical malpractice. In China administrative rule promulgated by the State Council is the main basis for dealing with medical dispute. However there is some unconquered limitation in this practice. Most important of all, the legislator could not keep neutrality in distributing the rights and duties of related parties. In order to offer sufficient protection to suffer, the author attempts to probe the civil liability of compensation for medical malpractice.This thesis composed of almost 3,5000 words consists of four parts as follows:In the first part, the writer introduces the development of definition of medical accident in China and analyzes its defects. Then a new conception is put forward. After explaining the meaning and characteristics of medical damage, the author concentrates her effort on demonstrating the reason that makes it difficult to identify remedial damage, i.e. particular object of medical treatment, harm and risk of medical matters, specialization and enclosed surroundings of medical practice.In the second part the writer dissertates the nature of liability compensation for medical malpractice. Generally speaking, a contract will be signed by hospital and suffer when a patient goes to a doctor except that there are not any duties in advance. Therefore liability for loss in medical field belongs to liability for contract Otherwise it is the liability for contract and for tort at the same time. In the author's opinion, it is not necessary to deal with compensation for medical malpractice only in the scope of theories in tort.Part three, with the title of "Imputation and Components of Compensation for Medical Malpractice", is the most emphasis of the paper. People regard liability for fault as mainstream although the tendency for medical malpractice has been transformed into no-fault liability. It is feasible to remain fault liability in our country because perfect insurance liability system is not established. As aresult of overlap relationship between fault and illegal behavior, the components of responsibility are divided into three items: damage, fault and causality. After this, the author discusses the hospital's exemption excuses and gives some suggestion on the issue.Part four is entitled "the Content of Compensation for Medical Malpractice". All kinds of factors must be taken into consideration when legislators design the system of compensation in medical sphere. If the principle of full restitution is applied, medical and hygiene cannot develop steadily and healthily. Thus the author suggests to amend the principle of full restitution and to limit the amount of damages in compensation for medical malpractice. The items of compensation include positive damage negative damage and damage caused by psychic trauma.