Medical Malpractice Civil Liability Study

In recent years, with the unremitting progress of technology and society, people' legal consciousness are continuously strengthening, medical treatment accidents are increasing continuously with new characteristics. In the past time, once did medical treatment disputes occur, some sufferer with their family members usually take some abnormal and vigorous way to handle them, which made disputes continuously worsen. Now, along with the proceeding of the national progress in rule of socialism law and system, people have started to self-consciously solve disputes with legal means, to protect their own legal rights. The key of solving medical treatment accident disputes is to protect the both parties' legal rights, patients and doctors. On the one hand, the sufferer's legal rights should be protected effectively with valid compensation, and the normal proceeding and activity of medical treatment work should be guaranteed. Therefore, the research on civil obligation of the medical treatment accidents seems to be particularly important.On the whole, this paper is divided into four parts.The first part primarily analyzes the kind and constitution of civil obligation of the medical treatment accidents, and then through comparing the concept of it in different nation in the corresponding periods, writer presents that the concept in Regulations on Medical Treatment Accidents should be adopted. Then through the comparison of the infringement duty, the medical treatment accidents duty should be defined as an infringement duty, just to protect the sufferer and the norm medical treatment profession. The constitution of civil duty of medical treatment accidents is finally introduced, and this paper thinks that the civil duty of medical treatment accidents should be composed of important items: duty corpus, scope, subjective aspect, behaviors breaking the law, the results of injuring, the cause and effect relates.The second part returns the principle of responsibility to the civil duty of medical treatment trouble with the research on the situation that does not need to take responsibilities. Medical treatment trouble conduct and actions are of an infringement duty, the principle of responsibility should adapt to fault duty principle. According to the assignment of duty, people call it "offer as proof the duty set upside down". This system will get the both parties' procedure right with the reasonable demarcation in duty, disputes, to mollify the solution of...