Civil Liability For Medical Malpractice

In recent years, rapid development of China’s level of medical technology, people canenjoy the advanced treatment services, but also which followed the attendant increasingnumber of medical malpractice, coupled with people’s rights awareness awareness risingcombines with people’s rights, medical malpractice has become a hot issue in today’s societynot only in our country, but also in other countries around the world is also true."TortLiability Act," before the promulgation of "Regulations on Handling Medical Accidents" is aspecial standard of medical malpractice disputes and regulations before the "Tort LiabilityAct" enacted. However, because of its content under the "Civil Law" and the related civillaws and regulations there is a deviation, resulting in medical malpractice cases and medicalapplication of the law on the identification of "dual", led to the judicial practice in China formedical treatment of serious damage disputes chaotic situation. However, the new "TortLiability Act" in the provisions of Chapter VII of the "medical malpractice liability" in2010,which launched to address the way medical malpractice cases. In the context of newlegislation, research issues related to civil liability, medical malpractice, so whether it’s inpractice or judicial theorists are of great practical significance. In the context of newlegislation, research issues related to civil liability, medical malpractice, both in theoreticalcircles, or judicial practice are of great practical significance.This article is divided into four chapters, in every aspect of civil liability for medicalmalpractice described in detail. In first chapter, a clear description of the definition of medicalmalpractice and medical malpractice form of expression. Chapter II, the civil liability formedical malpractice is theoretical analyzed. First, the nature of civil liability for medicalmalpractice to be analyzed. A clear description of the nature of civil liability of medicalmalpractice tort liability; Second, civil liability for medical malpractice to be adopted theprinciple of attribution analysis. Determine the civil liability of medical malpractice liabilityby virtue of the principle of fault as a general principle of attribution, the principle of liabilitywithout fault as an exception imputation system; Third, Elements of Civil Liability formedical analyzed, which pointed out that civil liability of the constituent elements of medicalmalpractice are: medical mistakes, the effects of damage and causation; Fourth, the medicalmalpractice civil commitment for analysis. The third chapter introduces civil liability fordamage to domestic and foreign health care system. First, Introduction to medical liabilitysystem at home and abroad. First, the analysis of current legislation and judicial situation ofdomestic and pointed out that existing problems; second, introduction to the relevant foreigncountry’s legislation,such as United States, and Germany and the Netherlands. Thenconcluded on the basis of the legislation of foreign experience for reference in China. The fourth chapter, made several suggestions of perfecting the civil liability of medical damage.First of all, the proposed legislative concept; second, the proposed judicial recommendations;third, put forward a sound system of related measures.