Tort Liability Study Of Medical Malpractice

In recent years, compensations due to tort liabilities for medical malpractices have become a hot issue. The physician-patient relationship which should be based on each other's trust, respect, understanding and help has suffered a severe challenge with medical malpractices and disputes taking place one after another. Among them, the most critical is how to deal with cases of medical malpractice compensations and disputes according to laws.In the physician-patient relationship with the regard to law, medical malpractice liability is comprehensive including different types of civil liability, of which breach of contract and tort liability are important. This article is divided into four parts to only deal with the tort liability in medical malpractices. The first part is the general analysis for the tort liability in medical malpractices. This part at first defines the kind of tort liability and then discusses its nature. The second part is the imputation principle in the tort liability in medical practices. This part at first analyzes the opinion that the fault liability principle should not applicable to the situation and then advocates the fault principle. The third part is the constituent elements of the tort liability in medical malpractices. This part describes and analyzes respectively positive and negative elements in the kind of tort liability. Positive elements include the damage, medical mistake, and causation between medical mistakes and damage results. Negative elements mean exemptions including three circumstances:Patients or their close relatives do not cooperate in standard medical clinics by medical institutions;medical personnel have fulfilled obligations of reasonable care in emergency situations e.g. patient rescues; medical levels are limited. The fourth part is assumption for the tort liability in medical malpractices. This part at first defines the compensation principle for the tort liability. That is, the compensation should be comprehensive and limited. Then it analyzes the origin and hazards of the Dual Track,and proposes pertinent opinions on how to refine the scope and calculation standard of the compensation through combined consideration on relevant provisions in the Tort Liability Act.