The Analysis On Medical Malpractice Death Compensation Of Ms Gong Suing TCM Hospital Of Li County Hunan Province By Case

Presently, among the numerous cases accepted by the people’s court involves the hospital, what occupy a majority always are the cases of the compensation for medical malpractice dispute on infringe life, health and human body right.And the request related death compensation is too numerous to cite. So long as one patient die in the hospital because the reason which the patient and his relative did not understand, there will be a request made for the death compensate. But, because the relating legislation is not perfect, especially the rule between the law, regulations and relevant judicial explanation is not consistent, which make the hearing of the case more difficult. Most of all, the legal property of the death compensation and the computing method of compensation amount are always difficulty and the hot spots in judicial practice.This paper select the case of the dispute of the death compensation for medical harm of Ms Gong in Li county Hunan Province suing the Traditional Chinese Medicine hospital of Li county Hunan province. And mainly revolves the three important arguments:the medical behavior of the traditional Chinese medicine hospital of Li county Hunan province is medical harm or not; who should prove the causal relation between a medical harm and the death of the patient; what is the computing method of the death compensation which the traditional Chinese medicine hospital of Li county Hunan province should pay for the death of its improper medical behavior. This paper mainly analyze three legal problems:whether the medical behavior of the hospital is medical malpractice or not, who should prove the causal relation between a medical harm and the death of the patient; what is the computing method of the death compensation.Finally,on base of the relevant legislation of the medical malpractice death compensation and the defects of the medical malpractice death compensation in current legislation of our country,the writer puts forward several proposals of improving the problem for medical organization, legislation, execute institution and other people who have participate in the medical process in our country. This paper is intended for judges in judicial practice, and even more important is aimed at the parties who are puzzled when encounter with compensation of a medical harm.