Research On Loss Of Chance Of Patient For Compensation

The tension of the doctor-patient relationship has aroused widespread concern, as the conflict between doctors and patients is getting more and more severe. When medical dispute occurred, patients are often in a weak position, and their rights were not protected. However, the research on loss of chance of patient for compensation over medical dispute in China is under infancy phase, the academic research has been involving but not deep enough, court rarely compensated patients under loss of chance of patient. Therefore, loss of chance of patient under judicial practice could rarely be supported. How to balance the interests between doctors and patients? Not only can patients be treated better, but also doctors will not take excessive responsibilities. The article will analyze the analysis loss of chance of patient for compensation during medical dispute to prove the application of compensation of loss of chance theory damages theory has practical significance in resolving medical disputes. There will be3steps to illustrating the logic for the issues. First, loss of chance of patient will be brought into infringement liability for protection and relief; second, to establish a norm of fact findings for loss of chance of patient; Third, to determine the range for loss of chance of patient.According to the above mentioned three steps, loss of chance of patient during medical dispute was systematically illustrated, excepted introduction and conclusion,it consists of5sections:The first section,the legal basis of loss of chance of patient.The object which was protected by Tort law will first be discussed to learn the rights and interests that should be protected by tort law,and to prove chance interest of patients is classified into the object that should be protected by tort law protection. Then to determine chance interest of patients in tort law via the illustration several rights from tort law then come to theory that chance interest belongs to the scope of personal interests.The second section, determination of loss of chance of patient, elaborating the tort doctrine to draw an conclusion, which will dentify the damage by Tort Liability Act.Then to analyze the loss of chance theory to prove the difference with Tort act.Finally,fixing accurate loss range of patient’s chance interest.Third section,determination of casual relation for loss of chance of patient. To discuss the theory of two main causal relations about loss of chance of patient to draw shortcomings about the two causal relations and then introduce causality finding theory from tort law, the causal relation theory will finally be fixed for loss of chance of patient.The fourth section,determination of compensation amount for loss of chance of patient.first to describe several ways to determine the amount of compensation and the advantages of these methods. Then to describe the several methods used by the judge in determining the amount of compensation.Finally,to make limitations of these types clear several types of upon application of compensation.The fifth section "how to build a compensation mechanism for loss of chance of patient during medical dispute in China". According to China’s physical condition, the basis of claiming, standard of loss determination, the confirmation of causal relation and the amount of compensation were specifically illustrated.