Medical Tort Liability Study

As a special kind of tort liability, the medical tort liability has driven a great deal of academic attention recently. And because of its close relationship to people's daily life, it has moved from a purely academic issue into a social problem. If this problem can not be well resolved, the construction of our harmonious society will be obstructed. Therefore, the study on the liability of medical tort is of greater realistic significance against the special social background. The dissertation is divided into five parts except the introduction:The concept of the medical tort liability is clarified to highlight the particularity and advantages of the medical tort liability in part one. The medical tort liability is assume of the disadvantaged consequences in legal by the medical service provider because of his infringement the property rights and personal responsibility. And then the author states her views on the coincidence of the liability for breaking the contract and the liability for torting to ensure that the infringee should claim her leagal right against the infringer's liability for torting. All these discussions ground for and direct the following writings.Part two is the main part of the dissertation. The liability of medical tort is recognized by the five essences of tort liability which are the fault, the act of tort, the causation, the damage and the infringer. In discussing this issue, the author omitted the enumeration of the fundamental issues as most textbooks do, but came to see the issue in a new light by the typical problems in practice.The immunity of medical tort liability are discussed from the aspects of reasonable risks and the patient's agreement in part three. It is argued that there four necessary points for reasonable risks to become the reason of immunity of medical tort liability. They are reasonability, feasibility, usability and subjective and objective conditions. Patients scienter is also deeply discussed in terms of its subject, object, confine and condition to be the reason for immunity of medical tort liability.The realization of medical tort liability is discussed in part 4. It is clarified by law that burden of proof of medical tort liability is inversion. It is argued that the disequilibrium of information between two subjects is the reason for this. Inversion of burden of proof brings positive and negative affection to relevant lawsuit in operation. Problems in operation are discussed based on negative affection.Part five focuses on compensation for medical tort liability. Complete compensation principal is taken as an fundamental principal of compensation for medical tort liability in this part and flexibility is also advised in operation. The punishing principal is taken as an exception whose concept, necessary and operation are also discussed.