The Civil Trial Of Medical Dispute

Medical dispute can be divided into medical negligence disputes and medical disputes with no error. Among civil lawsuit, lots of medical disputes are caused by negligence, which include medical accident and medical error according to different provision prescribed in different Law. Medical accident is applied to《Regulations on Handing Medical Accident》(called Regulations for short hereafter), while medical error is applied to《the General Principles of Civil Law》and《Interpretations on Issues of Law Applicable to cases of Compensation for Personal Injury by the Supreme People's Court》. Regulations belong to Administrative Law and follow the principle of limited compensation, contrary to《the General Principles of Civil Law》which following the principle of full compensation. In the situation of medical treatment causing damage, different law will be applied if the damage is different. The result is that person who suffers light damage could get more compensation than one who suffers grave damage. This result dissatisfies the parties in civil lawsuit extremely and injures the authority of jurisdiction.This dissertation aims at pointing out the problems existing in hearing the medical disputes cases. Firstly, it is the problem in procedure. The disunity of registering the brief of case, difficulty in confirming defendant, disunity of allotting the burden of proof, multipolar appraisal and Medical Association's medical appraisal failing the demand judgment are the real problems facing the practice. Secondly, it is the problems in esse. Conflictions between Regulation and the General Principles of Civil Law as well as its judicial interpretation cause the disagreement of compensation standard. Ways of improving legislation: First, medical damage compensation should be applied to Civil Law and《Interpretations on Issues of Law Applicable to cases of Compensation for Personal Injury by the Supreme People's Court》. Second, establish and perfect expert base. Allowing judcial appraisal institution takes part in and adopting its opinions. Third, establish medical risk force insurance system while the conditions allow and it will help solving medical disputes.