Compensation Of The Problems Of Medical

Important aspects of social development as one of the medical and health undertakings, but also an important indicator of progress of human civilization. However, due to medical institutions or medical personnel in clinics and medical care and risk of negligence in the objective existence, leading to frequent occurrence of medical malpractice. In recent years, along with the rapid development of society and the advancement of technology, people's legal awareness and the growing awareness of rights, medical malpractice showing a rising trend. Mistrust between doctors and opposition parties has seriously affected the healthy development of our health. Many reasons for this situation, one of the major legislation that damages our health care is not uniform, the law applicable to the conflict. The provisions on damages enacted in 1986, "Civil Law" in the reflected, but the "Civil Law" in specific cases dealing with medical malpractice compensation, but. showed characteristics of medical injury compensation cases and legislation of concern to the crude is not enough.2002, promulgated the "Regulations on Handling Medical Accidents" in dealing with cases of medical malpractice compensation have some guidance, but it is after all just an administrative regulation, and some of these norms and "Civil Law" also there is a big conflict, it is difficult adept at handling the needs of medical injury compensation cases. Eleventh National People's Congress in the twelfth meeting of December 26,2009 by the "People's Republic of Tort Law" in the July 1,2010 will go into effect. "Tort Liability Act" in the form of a separate chapter on the "medical malpractice liability" for the provision of health care from the legal level of damages made by a separate provision, but "Tort Liability Act" in Article V are involved in other laws, including "Medical Malpractice Bill, " there is no explicit statement relevant authorities. Therefore, "Tort Liability Act" is the promulgation of a fundamental solution to the medical malpractice compensation law applies the "dual" problem is still difficult to determine. It is because of our current medical indemnity system has many deficiencies and areas for improvement, it is necessary to study it further improve and perfect.This paper introduces the basic theory of medical malpractice compensation. In comparison with several concepts related to medical malpractice, based on the analysis of "medical malpractice" instead of "medical" concept, with the necessity and reality. Also pointed out that the concept of compensation and medical liability nature, pave the way for the discussion below. Secondly, an overview of the principles of attribution based on the analysis, that damages should be applied to our medical presumption of fault liability, the burden of proof to burden of proof on the legitimacy of the rules. Further details of the situation and damages our health care problems and to evaluate the current of the "Tort Liability Act" in the provisions on medical malpractice liability. Based on the above proposed improvement of health care legislative proposals for damages that the formulation of a specialized "medical injury compensation law" in medical indemnity dispute procedures in the physical handling and create a separate provision, the establishment of the authority of the Medical Injury Identification System the introduction of compulsory medical liability insurance, to encourage the voluntary enrollment of patients such as accident insurance and improve our health care system in a number of recommendations for damages.