The Recognition Of Medical Negligence

Medical tort liability is usually a part of the tort liability, as a medical tort liability of the cornerstones of the responsibility for medical negligence in the error in the medical field of concrete. Despite theoretical circles on the components of the tort liability, there are three elements, repudiating four elements, five elements and so on the different theories. But various theories are to be as general tort liability fault is one of the indispensable constitutions. Especially in fault liability principle, the imputation of fault for tort liability is one of the components of the fault liability fixation, and the final requirement. Therefore, medical negligence in medical tort liability, the position is undoubtedly important for it's that also has a very important legal significance. This paper discusses four parts, medical tort liability recognized in negligence.The first part of the first in the current medical tort liability in that legislation for the fault of our law, medical negligence, the concept and medical errors that the relevant provisions and its problems for analysis. Then, the author selects some typical cases of medical disputes; using empirical analysis method analyzed medical tort liability in determination of judicial status and fault existing prominent problems.The second part of the tort liability for medical treatment fault recognition of the related theory analysis and expounded. This part of the first from the Angle of comparison with continental law system, through the legal and judicial Anglo-American law system, it is concluded that despite relatively than practice essential attribute of nations to negligence understanding of the differences, there is greater in judicial practice in tort liability for medical treatment fault that has adopted objective standards of behavior. Secondly, the author based on the current laws and regulations and judicial interpretation and judicial practice status analysis, thought the cognizance of negligence in medical infringement for objective standards of behavior, namely the cognizance of medical treatment error in medical attention for judgment standard breach of duty. Finally, consider the medical behavior after all, different from the general social behavior, has its own remarkable characteristic of medical negligence, put forward to be deemed, should consider to these characteristics of medical behavior.The third part of medical negligence identified in the important factors-medical attention obligation and medical level research. This part of medical attention expounded the connotation of duty and medical level, and detailed analysis of the medical duty of care types and legal origin. The last part discusses the duty of care and medical level of medical and relationship of for medical negligence that both legal significanceThe fourth part through the discussion above, this part in medical tort liability proposed that the legislative proposals fault. Aim at the current legislation, and puts forward the problems in the tort liability perfect medical treatment Suggestions, and the patient's right to know the advice further clear and systematically regulation doctor of the duty of care...