Medical Liability For Damage To The Concurrence

The thesis is made up of three parts : the preface, the text and the conclusion. The preface explains the writing motive , current research situation , researchapproach and thinking of writing of this text .By doing so, it provides the foundationfor the argumentation of the text. The text part is made up of four chapters. Chapter one defines the basic concepts that this text involves. This text adoptsthe view of the medical behavior in broad sense. when it comes to medical damage ,the text takes the Theory of Damage Fact and defines it as an element of medicaldamage liability. It defines the concepts of medical damage liability by Comparingwith relevant concepts with other countries and areas. Chapter two deals with the emergence of medical damage liability. The chapterfirst introduces the general theories of the coincidence of liability, then analyzes thethree kinds of relationship between doctors and patients. On the basis of that it definesthe scope of the coincidence of medical damage liability. And take the coincidence ofcontractual and tortious liabilities as the key analytic target . Chapter three analyzes the compositions and characteristics of liability ofmedical damage for breach of contract and for tort separately, and compares thembased on this. By comparison we can find that the two liabilities has become verysimilar in liability principle and burden of proof , while they still have a lot ofdifferences in lawsuit prescription , counteraction, subject of claim for damagecompensation , jurisdictional court ,etc. According to the trend of fusion between the liability for breach of contract andliability for tort and the study thinking of medical expert in other countries, combinedwith the practice of dealing with medical damage in China,. Chapter four puts forwardthe solution. Finally summarize the opinion of the full text , and draw the conclusion.