Case Analysis About Sun Sued A Hospital Medical Damage Compensation

In the doctor-patient relationship, medical accident caused by tension ofmalignant events emerge in endlessly social background, but no matter in our relatedlaws, or in a similar case processing, there are some problems. From the legal aspectshospital and patient party to clarify the party shall bear the legal responsibility, in fullguarantee the legal rights of the victim, on the basis of justice and correctly deal withthe relationship between freedom of, to ease the doctor-patient conflict, harmoniousdoctor-patient relationship is very important.A lawsuit granddaughter a hospital required for health damage compensationdisputes in a case, has the following dispute:1, in this case to court hospital Sunsuffers damages whether more than litigation validity;2, the case whether Chineseexistence fault;3, in this case that are applicable to fault presumption of fault;4,whether in this case shall pay compensation for the death penalty. Combining with thetort liability law ","medical accident treatment ordinance and the supreme people’scourt on the trial of cases on compensation for personal injury applicable law theexplanation of some issues" relevant law, come to the conclusion: in this case for theprosecution and hospital Sun suffers no more than litigation validity, Sun suffers andhospitals are not proof of the hospital’s medical behavior whether existence fault, itshall be the presumption of fault, shall bear the burden of hospital, at the same time,the hospital shall compensate for the death penalty. Through the above conclusions,and point out that in the society of our country right now, about medical compensationfor damage there exist some problems are: for the division of fault, or lack of somerelevant measures, not very good clear infringement between the actor and the legalrights of the victims; With the tort liability law ", the promulgation of the article58some relief can not determine that the causal relationship between the fault and thesituation, but will still exist many of the legislation of blank, need to perfect; In theapplication of the law, the medical accident treatment ordinance and the supremepeople’s court on the trial of cases on compensation for personal injury applicable lawthe explanation of some issues,"about the death of damages different provisions,cause in the same case, in different courts will appear different judgment, not verygood maintenance victim’s legal rights, go against social harmony. For these problems,from legal principle and law practice through’s point of view, some paper, forward to deadly medical damage compensation disputes provide some useful help, theimprovement of the rulemaking to also can have a constructive role.