Medical Damage Liability Study

The medical damages is what is the initial and what causes the civil liability paid for the agreed compensations for patients harm because of medical treatment harms, but no matter what the medical circle is still being arguing, that how to appreciate the responsibilities of medical damages of current legal system are being greater slip and conflict, < the contract law of the People's Republic of China > does not stipulate medical contract in its structure, and there are no other civil legislative adjustments concerning about the medical damages so far, even more on theory this have not been identified. As a View maker, I attempt to point out the legal principle on the basis of the medical damages and other related concepts as my logical starting point and foundation, and to elaborate the nature of damages responsibility, duty principle, important formations, holder of compensation liability, compensation scope as well as hindrance cause. This paper will combines some national legislative regular practical concepts on the basis of the principles of the medical infringement and medical general fault to manage concept as well as malpractice, focus on the properties based on medical behaviors, then clarify the true features of tort behavior nature. With the tangle of not having fault with fault mainly in principle, the supplements for medical damages responsibility are built to figure out my own theoretical frame. In the formations of the medical damages responsibility, besides the general notification, I will stress on the basis of fault judging by doctor ~ notice duty and faithful duty thorough analysis, from the angle of doctor violating duty to cut income the proposition of medical fault. The final part of this paper discusses the scope of requests and undertaken bodies of the medical damages responsibility that includes direct damages, indirect damages and spiritual damages, and the medical damages responsibility of major content with patient promise exemptions practically.