The Legal Recognition Of Medical Negligence Of The Medical Institutions

With the continuous development of social economy, our country and theworld health level is unceasingly enhancing. People’s health is also in a subtlechange, and as human understanding of disease degree deepening, qualitativechanges have taken place in people’s understanding of health also. The demandfor health has improved further more, the traditional concept of cure of doctor isalso changes in the treatment of diseases. At the same time, with the legal systemconstruction of our country, the system of socialist rule of law with Chinese ADhoc constantly improve. People’s legal consciousness is growing and enhancing.When people’s health demands conflict with the productivity of medical field andnational law consciousness enhancing in our country, it leds to the deteriorationof the doctor-patient relationship nervous and the increase in medical disputes inrecent years in China. As a result, the judicial nature of medical disputes alsoincreased. Main while, for the specialized and complicated features of the medicaldisputes and judicial quality generally is not high in our country, the judiciarymoving medical professional are much rarer, and even worse.With the process of Chinese legal system modernization, China’s health carelegislation situation has improved. However, from the "Byelaw of MedicalAccident Treatment" and "Medical Accident Treatment Method" and "The Lawfor Licensing Medical Practitioner" and other legal norms, It takes little effects tocure the problem, until the ordination of the "Tort liability law" on malpractice,the legal nature of the medical disputes is clarified, which laid a legal foundationto judiciary solution of medical disputes. Accordingly, the malpractice liabilityapply to the principle of fault liability, under the premise, the bearing ofmalpractice liability and identifying is at the core of the medical negligence, andaccording to China’s" tort liability law "in the seventh chapter, the cognizance of medical negligence and medical behavior depends on whether accord with", thelevel of medical care at that time ", however, this law merely provisions thegeneral standard of medical negligence as "the medical level", nothing mentionedto specific standards and basis. This leads to discretion over exaggerated of ajudge in the judicial practice, and when the judge confront to strong professionalmedical disputes, he or she can only rely on judicial authentication opinions fromthe third-party, which also leads to a judicial passivity. Consequently, againstmedical disputes will not be solved timely and properly, also caused the waste ofjudicial resources. It is also bad for the stability of the judicial and legal of therealization of fairness and justice. Facing with such situation, this article againstmedical disputes judicial solve the core problem of the legal recognition ofmedical negligence of medical institutions on the basis of medical records forpoints to demonstrate analysis, which may make a small contribution to thehealth legal system construction in our country.Based on analyzing the current situation of judicial solution of medicaldisputes in our country, this paper mainly uses the method of data analysis, legalinterpretation and comparative analysis method to analysis and discuss the legalrecognition of medical negligence in medical institutions. This paper takes “TheLawful Recognition of Medical Negligence of the Medical Institutions, on thebase of the analysis of the medical record” as a topic. this article shall be dividedinto four parts to discuss: the first part is current situation analysis of The LawfulRecognition of Medical Negligence of the Medical Institutions, this part mainlyanalyzes the legislative, judicial and theoretical status quo of the lawfulrecognition of medical negligence of the medical institutions, so as to know themedical basic provisions of the legislation about medical malpractice and defectsand shortcomings, which shall be the legal theory basis in this paper. The secondpart of this paper shows why medical records in one of the important role, whichanalysis in both medical activity practice and legal practice, focus on why therecords as the basis. The third part is the main part of this article, analysis thelegal recognition of medical negligence of medical institutions based on medical records in detail, from the content and structure of the medical records, and theexternal influence factor for the formation of medical records, etc, discusses thelegal recognition of medical negligence of medical institutions, so as to completethe main body of this paper. The fourth part through the analysis of the abovepaper, Put forward improvement suggestions to the lawful recognition of medicalnegligence of the medical institutions in China in allusion to current situation ofmedical law of the lawful recognition of medical negligence of the medicalinstitutions, so that to complete the discussion of the whole article.Through the discussion of this paper the author hopes that it can make asmall contribution to the establishment and perfection of the medical law systemin our country.