The Legal Research Of Doctor’s Care Duty

The doctor’s duty of care requirements of the doctors in this specialty occupations, It requires doctors to do the bounden duty of care in the diagnosis and treatment of patients, If the doctor in this process in violation of the doctor’s duty of care, then he should bear the responsibility of his duty of care that corresponds to.Medical doctor’s attention to the obligations of the different content, so the judge is a violation of the standards of the doctor’s duty of care in accordance with the duty of the different differences, medical practices implemented by the judge a doctor is at fault, the key lies in its violation of the doctor’s duty of care. Therefore judge that the doctor is a violation of medical duty of care is the key to dealing with medical disputes. In addition, if it does not constitute medical malpractice case, violation of the doctors to pay attention to the obligation to make patients subject to certain damage should bear what responsibility today social concern that. The final analysis, are related with the doctor’s duty of care. Therefore, the obligations of medical attention in the practice of important guiding significance in dealing with medical disputes.The selected case is a typical case of medical disputes encountered in the trial practice. First this article briefly introduced case and trial, and to summarize the case in the two trial process focus of controversy. The second part focuses on the focus of controversy in this case made a detailed analysis. It based on the content and criteria of the doctors duty of care, doctors are in breach of the duty of care and analysis the question of responsibility by the hospital, Draw the main problems of the medical dispute cases in China in the judicial practice on the basis of detailed analysis of the cases a focus of controversy, Finally, The analysis for this problem I believe that the fairness of the Medical Malpractice, with the construction of medical knowledge background of judges, doctors pay attention to the obligations related to specification refinement to be improved. I hope this article’s discusses the judicial practice of medico1malpractice cases provide a useful reference.