Physicians Professional Liability

Medical treatment accident, whose definition and nature has been contravertial among the academic circle and practices, is undoubtedly one of the contemporary hotspots in our country. The Regulations on the Treatment of Medical Treatment Accident promulgated by the State Council in 2002 which made some provisions on some specific questions didn't bring an end to the disputes, or rather, it was making things even worse, which impaired the application of the regulations in judicial practicesIn our country, Medical treatment accident and traffic accident have always been referred to concurrently, both as liability accidents, which seriously harm people's rights to life and health, etc. However, I hold that medical treatment accident belongs to the scope of expert's liability, which emerged with the increase of relevant litigations in the latter half of 20 century. The studies on expert's initiated lately in our country, nevertheless, concensus has been reached by the academic circle on its role as a category of independent liability of tort. The nature and the principles of liabilities allotment of expert's liability analysed, this dissertation makes suggestions on such most controversial questions as the nature of medical treatment accident principles of liabilities allotment of treatment accident, the nature of the expert's witness by the medical science academy. the major part of this dissertation consists of six subparts.Part one makes analysis on the definition of expert's witness. it first makes clear the commons of experts, and then pointed out that a doctor should assume the expert's liability if he is at fault in his practices. Finally, it makes analysis on the characteristics of expert's witness.Part two makes analysis on the nature of expert's liability and put forward relevant suggestions. Based on the results of the studies by major states of continental legal family as well as Anglo-American legal family, It specifies that the expert's liability combines the natures of the...