Identification Of Medical Mistakes

The doctor-patient conflicts has become a hot issue in today’s society, and medical mistakes identified the key to solve this problem, but due to the lack of a satisfactory medical mistakes identified theoretical system, resulting in medical practice, medical mistakesidentified, are often disputed, it is neither conducive to resolving medical disputes, is not conducive to the maintenance of the legal authoritative. The basic point is that the duty of care as the recognized standard of medical mistakes. To this end, the four aspects discussed. The first chapter of the definition of the concept of fault, leads to the concept and characteristics of medical mistakes, pave the way for full-text. Chapter II by comparing the existing criteria doctrine, analyze the respective advantages and disadvantages, and concluded that a combination of subjective and objective standards more in line with the situation of our country. Chapter by introducing medical mistakes that standard theory, pointing out that the determination of the existence of medical mistakes medical standards and duty of care both reference factors, and these two reference factors and other effects of medical mistakes identified several factors analysis. The Chapter first pointed out that China’s medical system of proving fault the standard of medical standards is not clear, the burden of proof in the inequitable distribution of the obligation to pay attention to the lack of enumerated expressed, and then make some of their own proposals.