On The Fault Of The Medical Liability For Damage

In recent years, there have been increasing disputes on medical malpractice. The conflict between medical providers and patients has been intensified. Trial on medical malpractice intends to protect patients'personal rights and hence has serious consequences. Meanwhile, since medical practice by nature is scientific exploration and experiments, the trial also has enormous impact on the development of medical science. Proof of evidence on medical malpractice is difficult to obtain due to the unique characteristics of medical practice itself (e.g., professional specialty, natural risks and uncertainties). Yet, it's the most critical part of the trial as it will be used to determine if the medical provider should, and to what extent, be responsible for the liability caused by the relevant medical practice.In this article, we used case examples, both domestic and foreign, to compare and analyze the principles for proof of medical malpractice. In the past, research on this subject has been limited at theoretical level and hence lack of pragmatic value to judicial practice. Nevertheless, the theoretical research wasn't sufficient enough to serve as a solid base to establish a systematic and standardized procedure for proof of medical practice. Despite that"The Tort Liability Act of People's Republic of China"introduced new regulation and process on proof of medical malpractice, we believe that the regulation needs to be further refined and improved. Through our years of trial experience and field investigation at hospitals, we have conducted thorough research, especially on the detailed medical liabilities of providers and medical standards, in an attempt to provide a judicial guideline/reference for proof of medical malpractice.