The Cognizance Of Medical Malpractice

In recent years, an increasingly tense doctor-patient relationship aroused wide attention of all social sectors. How to properly solve medical disputes, protect the lawful rights and interests is hot issue both legal and medical research. By 2010 the tort liability law implementation of chapters regulating medical liability, confirms the medical liability fault imputation principle. Medical treatment fault is sure responsibility end-result important basis and objective basis, which is required to bear determines whether medical damages and much range of responsibility key factors. This paper by using comparative research and empirical analysis method to study the cognizance of medical treatment fault benchmark, steps, aims to perfect our medical treatment fault cognizance mechanism.This paper quotes part of present situation of medical disputes simple analysis, proposed cognizance of medical treatment fault of the research significance. Text from theoretical and practical aspects of medical conduct research, combining medicine and law two aspects knowledge, mainly uses empirical analysis and induction and deductive reasoning etc, analytical method and medical treatment fault in-depth discussion. Full-text altogether more than 20,000 words, is divided into five parts.The first part is a summary of the medical treatment fault. First discusses the general tort law of fault, the concept of think fault by subjective and objective compromise said, namely fault suitable for in subjective psychological state under the control of the obligation to the previous violation behavior. For fault that also adopts objective standard. Then to our country legislation in the medical treatment fault connotation and characteristics and the provisions of the current discussion, thus for later under discussion do twisted.The second part is recognized medical treatment fault benchmarks. Mainly from the duty of care and attention ability two are expounded. Physicians of the duty of care for has the attention of doctor of medical diagnosis ability in the healing process keep extremely cautious, foreseeing medical behavior consequences, have prevent damage happen obligations. Finally summarized the duty of care and attention ability and medical treatment fault relationship, a duty of care is objective medical treatment fault, pay attention to the benchmark ability is subjective medical treatment fault benchmarks. The essence of medical treatment fault for attention to the physician has ability to breach of duty of care.The third part is medical treatment fault the cognizance of the steps. In a legal basis, using legal standard. According to the legal standard of the main existing law, regulations, diagnosis and specification. At the same time on the legal basis of attention in the duty to make typed in medical treatment fault classification, conduce to the determination of directly used to improve the accuracy of determination, fault. Unable to set basis is use abstract standard, namely "medical level theory", auxiliary considering the regional, emergency medical professional sex, and other factors, more objective scientific the cognizance of the medical treatment fault.The fourth part is medical treatment fault of empirical analysis. Through the magic of pku putted forward choose a medical disputes, to medical treatment fault the cognizance of the empirical analysis. Through the analysis of the defendant specific medical behavior, diagnosis in the process of diagnosis, interrogation behavior comply with laws, regulations and rules and norms, no fault diagnosis, it will not constitute medical accidents. But drugs of medical behavior not align with then adapted medical level, the defendant has fault diagnosis and obligation, shall bear the corresponding legal responsibility.The fifth part is our country "tort liability law" of medical treatment fault recognition of the regulations existing problems and puts forward related Suggestions. The existing problems displays in: note under the provisions of the summary, the provisions of the medical level theory, and not too objectivated professional technical appraisement mechanism perfect medical treatment. Based on the existing problems proposed own perfect idea: in the tort liability law supplement the physician prescribed duty of care, Modify the tort liability law for medical treatment fault the cognizance of the benchmark, In the tort liability law of increasing medical professional appraisal mechanism design.