Medical Tort Liability System

This essay covers the civil liability system for medical tort .It is divided into four chapters altogether.Chapter one deals with the summary of the medical liability for tort. The definition of the medical tort means that the medical workers with certain medical judgement and technology encroach on others' personal rights and property and cause great harm because of his or her fault and violate the obligation and should bear civil liability in accordance with the law ,including medical workers' harmful behavior on purpose and the medical behavior because of his or her fault. The medical liability for tort refers to the undertaking of civil legal consequence caused by medical treatment tort.Chapter two is about the responsibility principle of medical liability for tort. The current law of our country does the special regulation about the civil liability for medical tort .Seeing that the economic current situation of the development of our country and medical insurance system related to liability for tort of medical treatment have not been established yet,so, the medical liability for tort is unsuitable to adopt the principle of liability without fault. Because of the unequal status and information asymmetry between doctors and patients in the medical activities, in the interests of the weak patient ,I think that it is appropriate to adopt the principle of liability with fault about the medical liability for tort .Chapter three covers important items of composition of the medical liability for tort. This chapter is the center of this full essay. It is always disputable about important items of composition of the medical liability for tort. According to the relevant theories of the important items of composition of the medical liability for tort and its own characteristics of medical tort , I think that important items of composition of the medical liability for tort should consists of four respects:facts of damagement,illegality of tort, the relationship between cause and effect and fault. This essay starts with the fact of medical damagement,and then illegality of tort, the relationship between cause and effect and the asserting of fault. The relationship between illegality and fault has great disputes. We should distinct illegality from fault .The relationship between cause and effect of medical tort should adopt the way of infering.Though the responsibility principle of...