Research On Medical Liability For Damage

Medical liability is the focus of social problems, and the difficulties of the tortliability law, it reflects the depth of the game both doctors and compromise. Medicalbehavior the particularity of the medical liability and other tort liability is different.Lawmakers should not only in patients with medical institutions and the balancebetween the interests, but also in the long-term development of medical and healthservice with all the patients to make choices between interests value. The tort liabilitylaw unified the concept of medical injury, end the culture of the compensationstandard, to solve the medical dispute has the great significance. But some problemshave not been fundamentally solved. Start from the concept of medical liability fordamage, clear medical liability for damage to nature-starting from the need toprotect the legitimate rights and interests of patients, the qualitative nature of tortliability, this paper expounds the basic theories of medical injury, and points out thetort liability law of medical liability provisions shortcomings and, improving medicalliability of countermeasures.The article main text divides into four parts:The first part an overview of the medical liability for damage. The first definesmedical malpractice, medical malpractice, and thus the definition of medical liabilityfor damage, a clear medical liability for damage the nature of tort liability. Secondly,to explain the concepts and characteristics of medical practices.First defines medical accidents, and limiting medical liability, secondly, thispaper expounds the concepts and characteristics of medical behavior, clear medicaltreatment of the legal relationship subject, object and content, and then discussesmedical liability is basic relationship is contract relationship, but for liabilityconcurrence, select the tort liability for the legal rights of patients more protection, solimiting medical liability for tort liability.The second part is the medical liability of legal theory. This is the theory ofdifficulty. First of all, discusses the medical liability for damage attributable to theprinciple, the principle of fault liability, combined with a presumption of faultprinciple and the principle of no-fault. Secondly, described the constituent elementsof the medical liability for damage, medical mistakes, damage to the facts, the factsof medical fault and the damage of a causal relationship, and medical mistakes thatstandard, the scope of damage and causation identified were discussed. Again,defining the technical identification of medical accidents and medical mistakes Forensic clarify the relationship between the two.Finally,introduced China’s TortLiability Act provides exemption subject matter, analysis of the basis for theexemption before the And then to study a foreign medical damage to the burden ofproof on our legislative options.The third part is China’s "tort liability law on medical liability of theshortcomings of the provisions on this. Our country "tort liability law" althoughunited medical liability concept, compensation standards and so on, but there are stillsome problems: the culture of medical damage identification system is still notsolved; The burden distribution is not reasonable; Not provided medical damagecompensation quota system; Medical institutions without prejudice to provisions notwell; Not provided medical liability insurance system; Not build a multiple solutionmedical damage compensation disputes way.The fourth part is perfect medical liability the legislative proposals. This is theessences of this paper. Diagnostic medical liability existing problems and putsforward related Suggestions: united medical liability identification system, perfectthe expert auxiliary people system; The easing the burden system; Establish themedical damage compensation quota system; Medical institutions increase withoutprejudice to situations; Establish the medical liability insurance system; Establish themedical liability dispute arbitration system.