Medical Liability For Damage Identification And Compensation System Of Allocation Of Research

The new Tort Law has been formal promulgation and implementation for several years. In general, the new law has made a great progress in the following areas that unite the medical liability causes, classify the responsibility for damage more scientific and amend the provision more suited to the needs of the country. But the new law has weakness such as the burden of proof principle and damage identification system. In my paper, I will discuss these in three parts.The first chapter, the discussion of the causal relationship in the medical damage. Discusses the Law on the causal relationship between theory, medical damage the responsibility of the causal relationship is characterized by manifestations. Law on the causal relationship is divided into the facts of causation and legal causality, the former to determine the responsibility for the establishment of the latter to determine the scope of responsibility. According to different theories a clear causal relationship between the medical damage liability. From the perspective of procedural law, to discuss the allocation of the burden of proof. Discusses the significance of the burden of proof allocation, the basic principles and action for damages in medical damage, how to reduce the burden of proof of the victim. In order to enhance the patient's litigation position, by the presumption of fault inversion of the burden of proof, according to the special circumstances applicable abroad,"the fact itself shows that the fault principle" to the table to see proof of the theory and the proof of major medical negligence conversion principle of the burden of proof re-allocation of responsibilities to meet the needs of the litigation.The second chapter is about the burden of proof from the perspective of procedural law. Discusses the significance of the burden of proof allocation, the basic principles and action for damages in medical damage, how to reduce the burden of proof of the victim. In order to enhance the patient's litigation position, by the presumption of fault inversion of the burden of proof, according to the special circumstances applicable abroad,"the fact itself shows that the fault principle" to the table to see proof of the theory and the proof of major medical negligence conversion principle of the burden of proof re-allocation of responsibilities to meet the needs of the litigation.The last chapter is about damage incurred system. The Medical is a high risk area so the damage is always beyond people expected and the compensation. Therefore it is necessary to establish a good system to ensure repair the damage.