Criteria Of Judging The Medical Malpractice

In recent years, the issue of the compensation for medical damage has called comprehensive attention from the society and became one of the hot topics. Thus in legal science and judicial Practice , they have no yet achieved the unified understanding on connotation and extension of the medical right infrtingement responsibility. But the implement of The Tort Liability Law form 2010 July first was a great chance to rebuild the law system of medical damage and fairly handle the medical damage cases. Under this background,conducting the research to the criteria of judging the medical malpractice has the significant importance in practice. This thesis is composed of three parts with the title the research on medical malpractice:The first part discusses the meanings and classification of malpractice, then come to a conclusion about medical malpractice its characters, and the significance of the criteria of judging the medical malpractice.The second part discusses the criteria of judging the medical malpractice, which is mainly on medical standard and medical obligation. According to the relevant the Tort Liability Law , this part discuss the attention obligation, informed obligation, privacy protection obligations and so on and final analysis the excusatio in the medical malpractice.The third part discusses the shortcomings and deficiencies of the criteria of judging the medical malpractice, and points out what in urgent need to be improved about the theory.,and points out what in urgent need to be improved about the theory.. Only by the way , can we build up a harmonious society.