Vicarious Liability Of Medical Damage Compensation

Human in their own health concern is the strengthening of China’s economic strength, the people’s life quality constantly optimizes natural extensions. But economic development also brings a medical research going right consciousness enhancement, people, money, and a series of the prevalence of complex, diversified social effect, the doctor-patient relationship is unprecedented challenges. At the same time, the medical group and the legal relation of the medical staff of medical science and solution medical disputes role is also gradually rising trend. But now, Chinese laws and regulations to this problem is more oversight and regulation too simple, in practice there are still many controversial. Therefore, to solve medical damage compensation disputes, reasonable distribution of medical institutions and medical personnel of the liability to pay compensation has become a social problem.In order to protect both doctors legitimate rights and interests, and promote the healthy and rapid development of medical careers, better service to patients, service to the society. In this paper the alternative medical damage compensation responsibility for topics, combined the tort liability law article34employer responsibility and article54, article57medical institution of responsibility related regulations, put forward in medical infringement occurs when medical liability for damages who bear, how to take, just can make the smooth development of normal medical cause. Make the doctor-patient relationship can get fundamental change, let the interests of patients and medical career can get at the same time in hand, to achieve a win-win situation.This paper first responsibility to replace the concept, characteristics and the related legal liability system to make clear the limits. Through the elaboration of alternative responsibility concept, characteristic, the theoretical basis, and then define the alternative liability applicable scope, after the foundation of the text as discussed. Second, to our current legal framework of the employing units shall bear responsibility to replace the components of the paper, and the theoretical point of view to make explanations. Again, on medical liability for damages for analysis. Divided into medical damage compensation disputes the paper, medical liability for damages constitutive requirements of the compensation for damages and medical liability three parts are discussed. Finally, combined with the responsibility to replace the employing units shall bear responsibility and the components of the alternative of analysis, discussion medical institutions in the compensation for damages in medical treatment for alternative after liability any right to have the problem.Through this exposition, medical liability for damages shall bear the medical institution, the doctor as the employing unit laborer, its medical behavior should be regarded as duty behavior. The medical behavior of the damage caused by medical treatment, by the employing unit shall be as the medical institution shall bear responsibility alternative. At present, our country law the provisions of this content is still very chaotic no system, this paper puts forward some improvement to the comments, suggestions, so as to help medical damage compensation related legal content constant progress.