On The Malpractice And Its Confirmation

It is a long-disputed topic as how to decide the malpractice of the medical act in medical dispute. How to apply the theory of the civil law to decide the standard of the medical malpractice in the medical tort lawsuit characterized by the strong flavour of profession and technical? The nature lies in how to balance the interests of both sides when the dispute between the doctor and patient arises so as to let the patient get better medical care and not let the doctor assume the excessive responsibility.The thesis comprises of four parts:Chapter one talks about the treatment mode of the medical dispute. It examines the treatment mode of the medical dispute in Japan,Germane, and elaborates the current treatment mode of our country.Chapter two talks about the duty of care and the determination of medical malpractice. Through the discussion of the source and content of the duty of care, based on which this chapter puts forward that the determination of the medical malpractice is the breach of the duty of care, and this chapter further elaborates that the standard of the determination of medical malpractice is the same with standard of "reasonable person".Chapter three talks of the concrete analysis of the typical cases of medical malpractice. Through the analysis of concrete case of the typical medical malpractice during the medical process, it elaborates the form of expression of the medical malpractice that exists in the concrete case.Chapter four analyzes the factors that affect the determination of the medical malpractice. This chapter expands it's discussion centered around the standard of the medical treatment,the loss of chance of survival,the disparity of region and the relevant situations that check the medical malpractice.