Imputation Principles Of Medical Liability For Damage

There is difficult and expensive medical treatment in China. It has become the major issues of our social and economic development. In a large number of medical disputes arise, the medical-patient conflict is escalating. Then "Tort Liability Act" introduced, which provides a chapter on medical malpractice liability. On this occasion, in this paper the principle of Liability for Medical Malpractice is studied.It has a different view on how to establish the medical liability imputation principle, in theory. Through the protecting medical institutions stage and defensive medical phase, facing the double track system, our country had to rethink the imputation of medical liability principle. The first part, about the responsibility of the basic overview of medical malpractice, this paper analyzes the history of dealing with medical disputes, and the causes of two-track system, and introduces the principle of medical liability fixation of the different theories. The second part, this paper introduces the foreign about medical liability imputation legislation, analyzes the unique system design in different countries, in order to our medical liability the establishment of imputation principle to use. The third part, this paper studies the classic case in China of these typical cases before the tort liability law enacted, what shall adopt imputation principle made analysis. The fourth part, according to the latest Chinese medical liability legislation of our country, I put forward my design system about medical liability imputation principle, in order to better able to solve medical disputes.