On Tort Liability Of Medical Damage

This essay is concentrated on the infringement liability on medical damages, which is divided into five chapters.The first chapter is about the main idea of medical damages. The author describes the scope and some relative things of medical activities, as well.as its difference from some other infringements related with medical activities. Medical infringements happen when the patients are seeking medical care, but it's not to say that every personal right or every property right of the patient could become the object of medical infringement; and only those rights directly related with the treatment of illness could be deemed as the objects of medical infringement, which mainly contain rights to exist, rights to be healthy, bodily rights, rights of fame, and privacy rights, etc.In the second chapter, expertise liability is concerned. The emphasis of this chapter is to discuss the nature of the expertise liability, the standard of the expertise duty, and the reasonable duty of care on the doctor to be an expert. It also studies the legal responsibility of the hospital and the burden of the individual doctor that works along. As far as the nature of expertise liability is concerned, it is not a newly indispensable legal liability, which should also be characterized in the scope of civil liability, either the liability of breach of contract or tortuous liability. But it is not a kind of civil liability that could be classified in the same order with the liability of breach of contract and tortuous liability, either. It is commonly believed that expertise liability should be classified into the tortuous liability.The third chapter refers to the criterion of liability and requirements of medical infringement. As to the criterion of liability, the author agrees on the doctrine of fault liability, whilst to the requirements, the doctrine of Three Requirements, which can be generalized as the faulty medical activity, the medical damages and the causation. The faulty medical activity refers to activities in the treatments during which the doctors do not fully perform their duty of care.In the fourth chapter, the author talks about burden of proof in medical infringement lawsuits. The method of reversion on burden of proof by means of fault presumption has...