The Analysis On Legal Liability Of Medical Compensation For Hospital

Over the years, the phenomenon of Doctor-patient tension relationship caused bythe medical malpractice compensation disputes, which bound initiative and enthusiasmof the medical staff, and even affect the personal safety of the medical staff. The result ofthis phenomenon caused the excessive medical treatment, defensive medicine. It not onlyseriously blocked the development of China’s medical and health services, but alsoultimately would violate the common interests of the whole people.In this paper, through compensation for medical malpractice cases as an example, isto analyze the possible liability of hospitals in medical compensation for the maintenanceof normal working order of the medical staff and the vital interests. Based on Chinesmedical disputes rules, the hospital liability was analyzed in medical disputes. And ahorizontal analysis from Britain, the United States and Japan low was done forcomparison. The conclusions were:1.Whether it is in accordance with the lease contractor tort liability to interpret this case, the right to informed consent to the Description ofthe patients or their close family members, obligations or patients or their close familymembers are the most important part of the hospital;2.In this case, the hospital should beliable for damages, the medical side of treatment options does not exceed the norms oftreatment, patients adhesions, incomplete intestinal obstruction is not the medicaltechnology is difficult to completely avoid, so qualitative medical defect.3.Medicalpractices exist, despite the medical side as the prevailing party in the treatment process,but the treatment process results do not guarantee characteristics avoid hindsight canlearn from later result;4.Industry associations and insurance companies joint, responsiblefor third-party involvement, a more just and proper evaluation of medical liabilitypresence or absence and compensation amount.The purpose of this article was to analyze the possible liability of hospitals inmedical compensation, based on a medical malpractice compensation case, in order toprovide a reference for the maintenance of normal working order of the medical staff.