Medical Tort Liability

In recent years, intensified medical malpractice, physician-patient relationship has become strained, and even appeared in some places the phenomenon of violent attack doctors. "Tort Law" was promulgated, to be re-defined medical tort liability, dealing with medical disputes tend to the legal system. Build a harmonious relationship between doctors and patients, a clear medical tort liability, the medical malpractice law can be properly handled on the track, we need to clarify concepts, a clear medical tort liability, responsibility, clarify existing laws, regulations, status, relationship. In this paper, the most basic medical tort liability theory, and new perspectives of scholars, attribution of responsibility for medical tort principles, exemptions, and other constituent elements were discussed in detail. And new issues for their views. And for "Tort Law" after the implementation of the application in judicial practice, the problems put forward their own views.The first part of the first medical malpractice and medical malpractice tort liability for an overview. Introduced the concept of health-related aggression, "Tort Law" defines the scope of medical tort, end of the "General Principles of Civil Law" and "medical treatment regulations’ application of the dual problem, and health damage type of list, and then export the medical malpractice tort liability.The second part of the composition of the medical tort liability are discussed in this paper uses the "three elements, said, " that medical malpractice tort liability of the constituent elements into the fault, fault and damage damage results and the causal relationship between the results and discusses the process of reflect the special nature of medical tort liability, tort liability for medical malpractice elements are described and analyzed, in which damage to the health care focuses on the fault was.The third part describes the attribution of medical malpractice tort liability principles and the allocation of the burden of proof. First describes the principle of fault liability for damage to health reasons, and then discuss the three cases should apply the presumption of fault liability, and thus the burden of proof points for the general and specific two cases were analyzed, focusing on the burden of proof to study the consequences of the transfer, also explained the burden of proof is closely related with the current state of medical malpractice identified shortcomings and suggestions for improvement.Part Four discusses in detail the medical malpractice tort liability of specific commitments. Clear medical malpractice tort principles of compensation and to determine this based on the accountability of medical malpractice tort rules should be considered because the principle of force. Then discuss the different cases of medical malpractice tort liability to bear the main body, and finally describes medical malpractice tort liability exemptions.