Medical Damages Issues Related To Research

Medical damage compensation disputes is becoming a focal problem in judging cases of People's court, which not only refer to civil health and property rights, but also involve the great benefit of medical organization. With the increment of current medical disputes, handling these disputes correctly has important significance to stabilize society and establish the harmonious relation between doctors and patients. Based on the practices in civil trials, separated in six parts, this dissertation studied some related legal problems of medical damage.In part one, the discussion point was medical damage compensation. At present, the medical disputes becomes the popular social view, one important reason is that the legislation on it is confused, so the phenomenon that same cases can not be judged in same ways often happens. In this part, first introduced the legislation of medical damage compensation in China; moreover it had the affirmation about diagnosis acts, medical mistake and doctor's malpractice; finally, it limited the scope of medical damage compensation disputes.In part two, this dissertation narrated the system of adjustment and disposal for medical damage compensation disputes. As on the problem about the proceedings for medical damage compensation, violation, default the concurrence of tort and breach were the major points in home and abroad, especially the concurrence of tort and breach was prevalent. On the prerequisite of the right handling for medical damage compensation disputes, this dissertation approved of violation. The act of making a diagnosis made patients convalesce or ease ailment by injuring patients' health. As this act had direct harm, adopting violation not only reflect illicit act of making a diagnosis, but also protect patients' life and health further. Additionally, default couldn't get property not for compensation, so patients took a lawsuit during the trials seldom, and then default,the concurrence of tort and breach only became a theory, and this part also reached the duality in the law application for Chinese medical damage compensation disputes.In part three, the discussion on the affirmation of liability for doctor's malpractice was processed from two aspects. First, the judgment standard for medical establishment's liability should take the objective standard of the best custodian, and the judgment standard of the best custodian would be by medical level. There are no uniform standards about the medical level and as the consideration of medical level; we should examine the factors of technicality, emergency and regionality and adopt right judgment measures. Second, there's to be the research on the negative reasons to medical damage compensation disputes — time delimitation about the medical level, region imparity about the medical level, emergency, attempting medical treatment, reasonable choice in therapy, and promise by the patients.In part four, as the affirmation of causality, this dissertation processed the expatiation on the causalities of the liability for medical damage compensation in philosophical sequence and jural sequence. Its emphasis was to discuss how to affirm causality of the liability for medical damage compensation disputes, which from two causalities: factual and jural.In part five, this dissertation emphasized medical accident identification. Medical organization supplies medical record and related information during the trails, but it couldn't prove whether there was causality between medical conduct and damage consequence, the judge normally couldn't come to the conclusion that showed whether there was the causality and whether they made mistakes from investigating the medical record, so the best way to solve this problem was to identify medical accident. There were some problems during practical operation although the rules were improved much more than the methods of judging the medical accidents on the aspect of identifying the medical accidents, this dissertation analyzed and suggested relevant method from four aspects — evade by expects, system of dual and final identification, the burden of identifying expenses, the efficacy of identifying. Finally, it mentioned that for patients what's the significance identification has.In part six, as the scope of medical damage compensation, this dissertation processed the expatiation on the function and principle of medical damagecompensation, according as present law; it concluded concrete compensatory items and standards simultaneously.