Study Of Medical Damage To Civil Liability Regime

The civil liability of medical malpractice involves civil basic theories such as: definition of medical malpractice, principles of liability undertaken, nature of civil liability, fault, causality, damages, limitation of actions and so on. This article explores five aspects of the definition and character of medical malpractice , the principles of liability undertaken, requisite to constitute liability and negation of liability, damages of the civil liability and limitation of actions, the suggestion about the legislation on liability of medical malpractice.Part one: The summary of medical malpractice. First, I define the conception and character of medical conduct. Second, I analyze three medical connections according to medical conduct: medical contract, obiligatiion medical connections and management with no cause. Third, the concept of medical malpractice, which is more rational than medical accident, comes into being. Last, I classify the medical malpractice, and classify the subject of medical malpractice: the action subject and the responsibility subject--"the hospital".Part two: The legal nature and principles of imputation of the civil liability of medical malpractice. The legal nature of the civil liability of medical malpractice is the contractual liability or the tort liability, and there will be co-happen of them. There are three methods of dealing with this problem: forbidding co-happen, allowing co-happen, and limiting co-happen. I believe the victims may suit the hospital for either contractual liability or tort liability, Then the court ascertain the legal nature of the medical malpractice according to the lawsuit reason. The principle of liability without fault is implemented in the liability for breach of medical contract. It is the principle of liability for fault is implemented in tort responsibility. In process of dealing with medical malpractice claims presumption of fault is necessary to be used to distribute the burden of proof.Part three: The constitution of civil liability of medical malpractice and immunities for liability. The liability for breach of contract of medical malpractice contains act of breach of promise, fact of injury and causal relationship. The author hold that the constitution of civil liability for tort responsibility contains fact of injury, act of breach of obligation, fault and causation. The article discuss the content of fact of injury, the criterion of judgment of fault and the method of authenticating causation. Last, I...