Criteria Of Judging The Medical Malpractice

In recent years, with the improvement of medical level, social medical insurancesystem improves day by day and the number of people who goes to hospital isincreasing. Meanwhile, due to the characteristic of complexity and uncertainty,medical accidents occur frequently. The medical dispute left the social disharmonioussound, and result in the increasing number of medical tort cases. In the medical tortcase, the identification of medical fault is the main work of a judge, it plays a veryimportant role in the judgement of the case. Not only it impact on whether the victimcould get compensation timely and effectively, but also on whether the medical workcould develop sustainiously and whether the medical condition could impove.Therefore, I choose the problem of “the identification standard of medical fault” asthe topic of my thesis.Among the research on identification standard of medical fault, the theory ofmedical lever from japan is the most typical one. There are similar professionaltheories in the United States and England, they all undergo an identical developmentpath: from “idential region standard” to “similar region standard”,and to “nationwidestandard”, then return to a principle of professional field which is similar to “identicalregion standard”. Scholars’ research on the thoery of identification standard ofmedical fault are focus on two aspects: one is the theory of medical level; the other isthe theory of the duty of medical care. It needs to point out that the domestic reseachon the theory of medical lever is basic on the experience of the japan’s theory. The most important and difficult point in this thesis lies in the part ofindentification standard of the medical fault. In the process of writing, the thesissummarize and analysis the current situation of the research on medical fault fromdomesictic and abroad by the means of comparative analysis, empirical analysis,documentation analysis etc. to remedy the defect on the theory of the identification ofmedical fault.There are about two thousand words in the thesis, and it can be divided into fourparts. In the first part, the thesis introduces the concept、nature、legal relationship andcomposed elements of medical accident, and then introduces the concept andclassification of medical fault to point out its value and significance, that are wheatherthe medical fault can be identified scientifically impact on whether the victim couldget compensation timely and effectively; In the second part, base on detailedcomparison in theories of identification standard of medical fault from variouscountries and introduction on its current situation, the thesis first clear up the problemof identification standard on medical fault in our country, then take a typtical case forexample to analysis the problem by pointing out the focus of dispute, to gain a betterundersanding on the problem of identification standard on medical fault; In the thirdpart, the thesis analysis the foundation of defense and some attentive items in theprocess of applying, and then point out the limitation exists in the foundation ofdefense of medical fault. In the fourth part, the thesis discuss the current situation oflegislation and shortage of identification on medical fault in our country, and proposesome pieces of practicable advice on the field of identificaiton on medical fault.