Medical Malpractice Damages Research

Medical malpractice has been a problem since medical behavior happened .In primitive times, medical behavior had the color of mystery, the thought of right of the patients was very poor, so the medical conflict between doctors and patients was not obvious. Since modern times, the paradox between doctors and patients has become more and more serious because of the science progress and the rising of right thought of patients. The key of solving of medical paradox all over the world is the problem of damage compensation. However, Because of the specialty of medical behavior, the differences of economics, culture, science and technology, especially the medical science and technology and the depth of protection of citizen's health right, the countries in the world have the different viewpoint about the definition of medical malpractice and the scope in compensation, and these have brought difficulties in the dissolving Medical malpractice. The article suggests we should adopt a law on medical damage compensation according to our country's laws and regulations and medical theories.Firstly, the article begins with the connotation, specialty of medical behavior and defines the conception of medical malpractice. The article defines the medical malpractice as following: medical institutions and their physicians and nurses defied the duty to care and cause patients' death, disability, functional hindrances, property damage or spirit suffering, because of negligence.Secondly, the article discusses the coincidence of liability, components, principles of liability, the right of damage compensation of subjects and scope of compensation. I think: (1) There is the doctrine of coincidence of tort liability and contractual liability ; (2)the principles to burden responsibility is ignorance liability assumption ; (3)the components of medical malpractice's damage compensation includes: Subjects of medical malpractice's damage compensation, the action of disobey liability, the effects of medical malpractice's damage compensation, the ration ship of cause and effects.(4)the part also points out some problems about our country's regulations of medical malpractice, so we should adopt Law on Medical Damage Compensation.At last, I think the Law on Medical Damage Compensation should be regarded as medical objective; the law should regulate the liability subjects in different situations, punitive damage compensation, medical liability insurance, etc. And these systems will guide judicial practice in solving medical malpractice.