Medical Malpractice Civil Liability For Legal Analysis

Due to the high risk level of medical health work, medical negligence takes place occasionally. There exist argunents about the understanding of civil liability in medical negligence in our law field. By analysing and comparing the civil liability in medical negligence, this essay points out that the nature of civil liability in medical negligence is actually the combination of the violation of contract and the liability of tort. The laws in our country affirm that the civil liability in medical negligence is the liability of tort. This essay analyses the principles of judging which side has nesponsibilities and their component parts. On this basis, the nesponsibility inversion of presenting evidence about medical negligence and the legal confrontation in judicial practice are also discussed in hopes that the malpractice cases about compensation for damage can be handled more properly and the legal hights of both medical institutions and patients can get maximum proxection.