Theory Of Excessive Medical Behavior For The Infringement Liability

Excessive medical services are actions that take body or property damage to patients by medical institutions and medical personnel during medical activities. Excessive medical services violate laws, administrative regulations, department rules and medical standards for the purpose of getting illegal economic interests by using treatment measures that beyond individual medical need. With the fact that the region of excessive medical treatment is not clear in reality and difficulty to be affirmed, so research in this area are focused on medical and health science, sociology, economics, ethics etc. other than in the eyes of the law. Article63of "People’s Republic of Tort Liability Act ", which came into force on July1,2010, is a legal choice to hold excessive medical treatment. It also defined the problem of excessive medical treatment is not just a medical, moral issue, but also a legal issue.Excessive medical treatment is something an act of tort to patients and hospital and medical staff should be liable for damages to patients due to the tort behavior-excessive medical treatment.In this paper, the balance relationship between the protection of legal rights for both doctors and patients and promotion of medical development is considered. In viewing of the lack of legal aspects research in this area, referring to existing studies of excessive medical treatment in other areas, basing on basic principle of tort, the concept, present patterns&basic characteristics of excessive medical treatment were firstly analyzed. Furthermore,over-responsibility principle and composition elements of medical tort behavior were specially emphasized, and the composition elements should include the doctors’excessive medical treatment behavior that offend their liability(also defined as harm behavior), damage to patients, faults, and causality between the harm behavior and damage. Among which, doctor’s fault were analyzed, which is a innovation of this paper. In the last part of the article, the medical compensation main body, the scope of medical tort damages compensation, and compensation amount were discussed, what is contributing to the actual operation of excessive medical tort damages compensation in reality.