The Identification Of Medical Fault

Medical dispute cases appear frequently in our life.We know them from televisions ornewspapers or our own computers. How to balance the relationship between doctors andpatients, it’s not only doctors and patients but also the society care this question. The seventhchapter of the “The People’s Republic of China Tort Liability Act” stipulates the subject of themedical liability for damage, and it also clears that the medical liability for damage is faultliability.“Tort Liability Act” redefines the identification of medical mistakes, these provisionsare good to protect the rights of patients, and they are also good to doctors to bear theirresponsibilities. But these provisions are not clear and concrete, they lack operability.Identification of Medical mistakes is the core of medical disputes; it is also the key anddifficult point when the courts hear the medical cases, so it must be more perfect.There are five parts in this paper; they investigate the problems of the identification ofmedical mistakes.The first part is the connotation and significance of the medical mistakes. It introducesthe concept and form and the standards for determining of the fault. Then it discourses theconcept and features and significance of the medical mistakes.The second part is the theories and practices of the identification of medical mistakes inextraterritorial Countries and regions. It discourses the theories and practices of theidentification of medical mistakes of Civil Law and Common Law respectively, especially thetheories and practices of Germany; Japan; England; Taiwan; Hong Kong and Macao. And getrevelation from Comparative analysis of these Countries and regions.The third part is the basic theories about the system of identification of medical mistakesin our country. In accordance with the Provision of section57of “Tort Liability Act”, thestandards of identification of medical mistakes are “duty of care” and “medical level”. Thispart discourses the abstract standard of “medical level” and specific standard of “duty of care”respectively. It also discourses the three situations about the defense of medical fault.The fourth part is the legislation and practice about the system of identification ofmedical fault in our country. In this section, some cases are used to explain the law; they areboth used to introduce the situation of identification of medical mistakes in our country. Asthe same time, this section also introduces the situations about presumption of fault and the situations that doesn’t constitute medical fault.The fifth part is defects and perfects about the system of identification of medicalmistakes. It analyzes the defects of identification of medical mistakes firstly, then put forwardsome suggests to perfect the standard of identification of medical mistakes of our country.