Medical Damage Tort Liability

The medical service abuse of authority takes the special right infringement to receive the educational world attention, in addition "Right infringement Liability Act" releasing causes this liability research by many scholar article discussion. Medical trouble relations day by day incisive complex, and the medical service abuse of authority's performance way is diverser, this has increased the difficulty without doubt for the medical right infringement liability's research. This article embarks from the medical right infringement liability's most basic theory, and unifies the educational world new viewpoint, for the medical right infringement liability's constitution important document, principle of asumed liability, liability exemption, the constitution important document to the medical right infringement liability and so on to carry on the detailed elaboration. And proposed own view regarding the new question.As soon as this article is divided five parts, the first part is the medical right infringement liability concept, pointed out that the achievement one kind competes gathers the responsibility, the choice right infringement responsibility is more advantageous to the patient right safeguard, but this article also launches take this as the core. To the medical harm right infringement's classification, has introduced the novel classification, and turned over to the responsibility principle from the responsibility the angle to affirm this classification superiority.The second part was the medical right infringement liability constitution, this article uses "four important documents to say", has made the elaboration separately to four important documents, and manifested the medical right infringement liability in the elaboration process the particularity; In summarizes in the predecessor theory foundation, proposed to the mistake connotation oneself individual opinion, and introduced the defensive medical achievement to injure the behavior the new form to analyze.The third part is about principle of asumed liability, stated first using the comparison analytic method the overseas related incident of principle of asumed liability and the practice, afterward summarized theorists mainstream some viewpoints, next by "Right infringement Liability Law" the related article is a backing, bright pointed out manifests principle of asumed liability, and from the theory and the practice angle, through denies feasibility of other principle of asumed liability, has proven the mistake file liability principle rationality. Afterward recognizes the standard regarding the medical malpractice, in analyzes our country to legislate at present in the practice insufficiency foundation, bright proposes own classified viewpoint.the fourth part is to the liability exemption system's elaboration. First has made the definition to the exemption concept, pointed out that our country existing medical service liability exemption system's insufficiency, unified the existing theory to construct afterward to the medical right infringement responsibility exemption proposed own mentality.the fifth part is taking advantage of "Right infringement liability Law" 54th, the 56th analysis, elaborated the author regarding the onus probandi, Medical establishment's urgent decision-making power and patient's informed consent power's ponder, tries hard from the theory and the practice aspect discusses its significance, and for how, in new presents evidence under the principle to collect the evidence, when informed consent power and treatment decision-making power conflict how to solve proposed certain suggestion, has done finally about the formulation special medical service right infringement liability method suggestion.the author always believed that the scholarly research should keep pace with the times, the fundamental research originates from the practice, after must serve the practice. Along with the medical service abuse of authority's unceasing change, the theorists to the medical right infringement liability's research, should unceasing prompting forward. This article significance is attempts in this fundamental research advancement, will study the theory to utilize in the solution practice the newborn question, cares for this fundamental research thorough own one's pygmy effort.