Zhang V. S Hospital Medical Indemnity Dispute Case Analysis

In recent years, the cases of medical disputes is increasing year by year, disputes betweendoctors and patients has become a focus of social problems as a result of such disputes, highlyspecialized, such cases into court trial work difficulty, active and cautiously handle such cases,scientifically adjust patients and medical institutions of the interest conflict, realization ofpatients and medical institutions" win-win", to promote the progress and development ofmedical science, the protection of patients and medical institutions of the legitimate rights andinterests, maintaining social stability is of great realistic significance.This paper adopts the methods of comparative study and empirical study, the structure isdivided into six parts. The first part is the introduction, mainly introduces the basic situation ofcases, case serves as a primer, leads to the article is to explore the core problem; second part ofthe paper, on the analysis of the hospital is a medical tort; third part is a detailed analysis onhow to identify the fault in medical tort; the fourth part analyzes the allocation of burden ofproof in medical tort cases the fifth part discusses; if the medical tort, how to determine thecompensation related problem; the last part is the conclusion from the legal system andsupporting system to improve the medical damage compensation cases suggest.