Medical Damages Practical Legal Research

In recent years, along with the reform of our country medical service system and consciousness enhancement of law of the citizen, each kind of medical trouble dispute increase day by day, the civil cases sued for the damage compensation of medical service also increase year by year. But the related laws and regulations about medical service damage is in insufficient coordination, the theory viewpoint is not unified, and in the judicial practice is the procedure respectively different. All of these increase the difficulty of correctly handling this kind of cases. It is a must to correctly limit the concept of medical harm for fairly handling the cases of medical damage compensation. Through the determination of civil liability of medical service damage, the victim will get the compensation. The establishment and the consummation of law system of civil compensation on medical service harm is to balance benefit relations between medicinal prescription and the trouble side and to realize society stabilization and order. Therefore, it is our unceasingly pursuing goal to realize fair and the reason of this legal system and to consummate and develop this legal system. The article will make shallow discussion on these questions.This article is divided into four parts.The first part outlines the medical service damage compensation: discussing implication of medical harm and nature and the characteristic of damage compensate responsibility, and analyzing legal body of medical service damage compensation as well as damage compensation principle.The second part is evidence presentation responsibility of the medical service damage compensation. Firstly enumerate evidence presentation responsibility principle of other countries' medical service damage compensation such as America, Germany, Japan and so on. Then analyze the allocation of evidence presentation responsibility of our country' medical service damage compensation and clear about the evidence presentation responsibility and scope of the medical establishment and the trouble side respectively in the medical service damage compensation.The third part introduces law application into the medical service damage compensation. Firstly introduce the different scientific theory or principle analysis an medical service damage compensation in our country, and point out the present the question of law application on damage compensation, and elaborate the reason why to use "Incident of malpractice Processes Rule" to handle the medical service damage compensation and propose the tentative plan to consummates our country's law system of medical service damage compensation.The fourth part analyzes compensation scope and the standard of medical service damage. Make a situdy on the compensation scope and calculation standard about the direct loss, the indirect loss and the spiritual harm in medical service damage. In medical harm indemnity payment way, the author advocates to pay once or by stages.