The Research On Medical Expert Civil Relief System

In current society, medical dispute tends to increase, meanwhile the“medical trouble”phenomenon happens now and again. Patients don’t know too much about medical industry, so they feel it’s hard to protect their rights; the medical experts feel like walking on eggshells, they can’t find a way to take a positive and creative treatments. While even the judges disoriented by the applicable regulations. The fundamental reason causing this phenomenon is the current legal system which related to medical care is far from systematical and comprehensive. Especially the regulations on the responsibilities and relief of medical experts is still vague or under constraction, which confused the patients , medical experts and judges. Therefore, to study and establish medical experts civil relief system is prior to everything.Medical behavior is a special civil behavior, whose character is different from the general civil behavior. For example: the occupation of medical expert itself has strong professional character, the mdical behavior has the characteristic of high risk, the medical career is a pulic career, even more, there are some irresistible impacts during the medical experts’practices ,etc. Those specific reasons decide that we should make some rules corresponding with the characteristics of the medical career. But obviously, the related medical experts relief regulations on current Tort Liability Law and Regulation of Handling Medical Incidents can’t satisfy the needs of the reality, so we should expand and complete them. Based on the actual background, eight relief reasons are proposed. The core of the eight relief reasons is that the medical experts can enjoy the relief rights only when they perform the attentive obligations of reasonable treatments. Whether the medical esperts execute attentive obligations of reasonable treatments or not is preliminary judged by the medical technology identification agency as the first step, then the court affirms the final judgment. The attentive obligation standards of reasonable treatments is devided into concrete one and abstract one. The former mainly refers to the attentive obligations expressly stipulated on the laws、regulations、standards and rules of medical health; the latter mainly refers to the attentive obligations on the medical level、the medical expert’s professional level and district factors. To judge whether a medical expert relief or not should be comprehensive measured by both two standards. The evidences of the medical experts civil relief don’t obeys the evidence rules of general“the person who proposes is the one who shows the evidences”, it obeys the rule of“evidence duties inversion”. So in order to relief, the medical experts need to produce evidences to prove if there are any causal relationships between the medical behavior and the harmful consequence, and if there are any subjective faults existing.Through the discussion of medical experts civil relief reasons and the relief standards, inducting and summarizing other theories on the relief system, the author preliminary form the framework of medical experts civil relief system, and pay certain reference function on existing judicial practice.