Medical Tort Liability Of Tort Liability Law

Medical Tort, known as one of special tort actions, has beenunder the spotlight of academic circles for a long time. What’sworse is that in recent years medical dispute is reachingepidemic proportions, the relationship between doctors andpatients is getting increasingly intense, and in a few placesthere even have been phenomenon of violent attack againstdoctors, all of which make the legalization of handling medicaldisputes tough and difficult. Thanks to the promulgation andimplementation of The Tort Law of the People’s Republic ofChina, now it is possible to redefine the liability of medical damage and to deal with medical disputes properly on the trackof law. To redefine the liability of medical tort, it isdemanded that we clarify relative concepts, conceptualize theconstruction and undertaker of medical tort liability, and makeclear the status and the relationship with regard to laws andregulations in use.On the basis of the newly-passed Tort Law, in this essay,the author has elaborately expounded on relative concepts, keyfactors, as well as doctrines of liability fixation. Inaddition, the author also puts forward some perspectives on thenew problems emerged.This essay is divided into four sections. In the first part,it mainly focuses on the general introduction of the liabilityof medical tort. From the concept of medical behavior, theauthor naturally leads to characteristics and implications ofmedical torts, thus the concept and property of which is furtherclarified. When it comes to the second section, the authorthoroughly discussed key factors that constitute the liabilityof medical tort. The theory of “Four Key factors” is adopted in this essay, among which are: subjective errors, illegalbehaviors, harmful consequences, and the chain of causation.Each of the Four Factors has been expounded, and during whichthe author has successfully revealed the particularity ofmedical tort liability. As for the third part, in general itdiscusses the chronological process of the legislation ofmedical torts in China, and summarizes the laws and regulationsapplicable to medical fields that fit the medical tort law ofChina. From Procedure for the Handling of Medical Malpractices,to The Regulation on the Handling of Medical Accidents, as wellas the promulgation and implementation of The Tort Law of thePeople’s Republic of China, through which the author clarifiesthe status of legislation in different historical phases. Bycomparing and contrasting, the author elaborates on theprogress as well as analyzes the deficiencies of theregulations. In the fourth section, from the perspective ofactual practice, the author sets forth some thoughts on MedicalNotification, Informed Consent, Unnecessary Check and Doctrineof Liability Fixation, combining with relative regulations in The Tort Law of the People’s Republic of China. In an attemptto discuss the meaning both theoretically and practically, theauthor gives advices in consummating the following fields:exceptional situations of patients’ right of informed consent;applicable situations for patients to voluntarily transfer orabandon the right to consent; the definition of what isunnecessary check and legal consequences of implementing it;and the application problem of fault liability and thepresumption of fault liability.The author believes that academic research should keep pacewith the times. After all, theory comes from practice, andfinally serves practice. Medical Tort Behavior will definitelychange with the constant development of medical technology, andfor which the research of responsibilities of medical tortshould commensurately be pushed forward.