Fault Problems In The Medical Damages

When the infringement behavior occurs, whether the victim can obtain the compensation or not, first of all, it depends on the standards by which the doer should undertake the responsibility. This involves the responsibility principle, which is the criterion by judging whether the person who did the infringement needs to undertake the civil compensation responsibility. As far as the compensational principle used in personal damage cases caused in medical conflicts is concerned, though under controversy, what has been adopted in judicatory practice is the fault responsibility principle for a long time, namely while affirming whether the party concerned that medical treatment injuries should or should not undertake to compensate the responsibility, it must depend on its existing fault. If one has the fault, he would undertake the responsibility accordingly; otherwise he need not. Nowadays, the purpose of the medical service is to cure the illness and to save the patients. But in the medical treatment process, any negligence will endanger the patient's health even his life, which disobeys with its original intention of the medical treatment and may create unexpected harmful results. This situation is called the medical treatment fault, which is not only the essential condition of requesting medical compensation by the patient, but also the key aspect of judging whether the hospital can be exempted. Therefore, the real basis on which whether the medical treatment organization or medical workers should undertake the indemnity responsibility is the medical fault.With the reform of our medical service system as well as people's awareness of safeguarding one's rights, personal injuries compensation cases caused by medical detriments are increasing. As a judge who engages in the civil...