Research On The Components Of Medical Tort Liability

The relationship between doctors and patients is an important social problem, and medical tort is the direct factor having caused growing tension to doctor-patient relations. While in the field of medical liability, the most important theory is the composition of medical liability. Thus, research on the components of medical liability, not only has theoretical significance, but greater practical importance. It is the basis of determining whether medical institutions are responsible for medical liability or not in judicial practice.Based on the relevant content of Tort Liability Law of our country, this paper tries to study the composition of medical liability, and divide the full text into four chapters.Chapter1:make a summary on the components of medical liability. Firstly, this chapter discusses the status and functions of its components in the system of medical liability on the basis of normal tort liability; then combined with the current situation of research, this article researches and discusses the dispute over the components of medical liability in academic circle, and put up with my own view and reasons; finally, in terms of the relevant regulations of Tort Liability Law, describes the new regulations about the components of medical liability in Law.Chapter2:medical malpractice. First of all, this chapter makes a brief introduction to the definition of medical malpractice. Secondly, describes the determination standards of medical malpractice, including abstract standards and specific standard; last but not least importantly, discussed the burden of proof in medical malpractice. According to the different subjects of proof, we can divide the burden of proof into two models, that is, the burden of proof on the party of patients and the burden of proof on the party of doctors.Chapter3:medical tort and medical damage results. This chapter first makes a brief analysis on the characteristics of the medical tort, and discusses some common specific medical torts in practice; Secondly, briefly summarizes the features of the medical damage results, and then mainly describes the types of medical damage, including life damage, property damage and mental damage.Chapter4:medical tort causality. Medical causality plays a very important role in the system of medical tort liability, which is not only a hot research point, but also a difficult one. Firstly, this chapter briefly introduces some theories of causality, including causality in civil law system and causality in common law system; furthermore, it puts forward the determination standards which author considers suitable for our medical causality; Finally, discusses the distribution mechanism of legal liability of burden of proof in our medical causality, analyzes its advantages and disadvantages, and then proposes amendments about the distribution of legal liability of burden of proof in medical causality...