Researching On Several Issues Of Medical Damage Liability

Nowadays the disputes and litigations caused by the dispute of medical damage liability is more and more common and its manifestation presents diversified. The doctor-patient relationship from period of'the SARS'as members of one family turns into mange medical staffs feel panic to work. The news that the medical staffs are wounded and even killed by patients and their families is not surprising. A new vocabulary'medical trouble'is evolved as a'profession'in hospital corner wandering. Medical damage liability is increasingly attracting attention, which as a special medical tort is also concerned by academic, in July 2010, the'tort liability law'works; medical damage liability shows its important status impressively by appearing in the tort liability law chapter 7.This article researches the issues of medical damage liability from three aspects, the occurrence, the determination of responsibility, the relief of loss. The first chapter detailed discussion of the construction of medical damage liability from the occurrence of medical tort liability. The article elaborates the constitution of China's medical damage responsibility of'duplication'system before'tort liability law'works; the issues and misrules of'duplication'system; the construction of'unified'system regulated by tort liability law. The second chapter starts from the identification of medical damage liability with the appraisal mechanism investigation as centre and analysis two institutions of medical damage liability, which concludes①the Chinese Medical Association or Medical Association of the provinces, autonomous②appraisal mechanism investigation of every province. First, the article compares the differences and merits, advantages and faults of medical accident technology identification and judicial identification of medical damage liability and researches the possibility and way of unity, analysis the difficulties in the first identification, second identification of autopsy and the conclusion of identification; introduces the procession of identification of medical damage liability; lists the problems in practice; introduces the judicial review's theory of present conclusion of identification of medical damage liability and deeply analysis the judicial review's cases of the conclusion of identification of medical damage liability judged by the intermediate people's court of Yangzhou, Jiangsu province. The third chapter starts from the remedy of loss of medical liability and structures the system of medical liability. In order to help the judges to understand and applicable the'tort liability law'in judicial practice well, this article states the principle, legal attribute and limitation of the medical liability. The article especially focuses on the special tort of medical liability: the medical tort of failure to timely cure obligatory; the medical tort of secrecy obligatory of the patients; the medical tort of harm by the drugs and medical equipments during the treatment; the medical tort of harm the patients or third people through transfusion; the medical tort of the first-aid station rescue the patients not timely; the medical tort of altering, destructing, hiding medical records; the medical tort of taking children incorrectly in maternity and medical institutions, and the behavior regulated by 60th article of'tort liability law', which is the phenomenon that patients and their families don't cooperate with medical institutions for the diagnosis and treatment, the article analysis whether the medical institution assume the medical damage liability.