Causal Relationship Between Medical Malpractice Liability

Elements of tort liability as one of causation both in terms of theory or in practice, has an important judicial position, but the results of research on this issue are rare, especially in the field of medical injury is rare. Causal relationship between medical malpractice liability related to the accountability of both the main body of the judge, in turn determines the responsibilities of the main scope of responsibility and size, and involves many issues such as social stability, has been public concern. With the continuous development of medical malpractice liability disputes are becoming increasingly complex, judicial practice is a frequently encountered but it is often generated controversy.This choice of medical causal relationship between liability for damage as research subjects, the use of access to information, analysis of the case, comparative study of medical malpractice liability and other methods Causation rules were more in-depth research. Liability for damage by current medical causation to determine the problems in the analysis, causal relationship between the availability of medical malpractice liability, the size of some of the recommendations to determine the rules and hope to resolve medical malpractice liability from the theory of causation legal affairs, find a solution to the judicial practice of medical damage liability dispute the rule of law is more mature way. This article from the following aspects of the causal relationship between medical malpractice liability in-depth study:First analysis of specific cases of judicial practice, Tichu whether causality, how to judge the size of the problem, pointing out that Causation in medical malpractice cases, a key position, and analyzes the damage liability in medical ethics the causal relations in the economy science,sociology,psychology, meaning.Then draw the two legal systems of the basic theory of causation analysis of damages in medical cases that should draw the dichotomy of common law rule that the facts and legal causation causation gradually identified. Dichotomy of common law damages in medical cases, more in line with the characteristics of medical disciplines, found medical malpractice liability context clearer causal relationship, it is our reference.Finally, analyzed after the basic theory of causation, and proceed from practice to practice to research methods for the above cases leads to the solutions put forward, that the presence or absence of causality, given the size of the judge determine the rules. That the causal relationship between the responsibility of the availability of medical malpractice judgments, should adopt social rule of thumb, no he is no such rules, amendments to conditional rules, objective imputation rules, such as rules of obligation in order to determine the attribution of responsibility for medical injury; in determining the medical bodies in patients with damage to health behavior and the results of causal under the premise of causality should be used to determine the size of the reasons for the distinction between direct and indirect reasons, mainly with the secondary causes, the inevitable accidental causes and reasons, reasons of the strong and weak standards of the reasons, and the use of natural law and social science are two rules of thumb to determine methods.