Medical Damage Liability Study

There is no doubt that the disputes between physicians and patients increase dramatically and become a serious social problem. Compensation for damages of medical treatment prefers to the civil compensation liability caused by any medical detrimental, which should be born by the party that perform such detrimental to the interest of patients. However, it is greatly acknowledged, within the area of medical and legal sciences, that a bulk of conflicts and slips are still existing in the practicing laws, regulations that concerning the compensations for detrimental of patients. The regulations as to medical treatment contracts are not involved in . Moreover, no other civil legislative adjustments concerning about the medical damages has been performed so far, neither does the theory identify. The lack of uniform cognition would inevitably result in weakness in adjusting and manipulating practical situations of medical treatment, as well as various enforcing in law.Based on the civil law theories, this paper mainly focuses on the compensation for damage of medical treatment, particularly disputes caused by the physical injury or death, to or of, patients due to the medical negligent performance. From perspective of the whole structure, the research scope of such article could be construed as general summarization of medical relationship, nature of compensation for medical treatment detrimental, constitution of liabilities of medical treatment detrimental as well as considerations concerning the compensation for medical treatment detrimental.The first part of this paper tells the summarization of medical treatment relationship. It defines the meaning and features of the medical treatment behavior and character, discusses the establishment, nature, termination and relationship of medical contract, expounds the understanding of the administration of medical affairs without reason and compulsory medical treatment and points out the suitable law and regulatory.The second part of this paper tells about the property of responsibility of compensation for damage of medical treatment It expounds the theory of responsibility and the differences between breach of contract responsibility and infringing right responsibility, analyses the...