On Imputation Principle Of Medical Damage Liability

How to effectively solve the medical disputes has been a focus concerning around the world.Medical damage liability imputation principle directly determines the nature and scope of medicaldamage compensation, and also is the key point of the medical dispute through legal way to solvethe problem. Therefore, this article analyses the medical disputes and medical damage liabilityconcept, characteristics, nature, constitutive requirements, and from the perspective of traditionalcivil law theory, the damage to the basic principle of responsibility imputation principle systemelaboration and analysis of selecting medical damages imputation principle of the main problemsare discussed. Through consulting related literature material, comparison of major developedcountries abroad related medical damage imputation principle and the burden of proof system,combined with our country for many years about the relevant legislation and judicial practice inhandling medical disputes, the comprehensive analysis of all kinds of the imputation responsibilityin detail and the burden of proof between the advantages and disadvantages existing in currentmedical appraisal in our country, the author on the basis of the existing "tort liability law" putforward new ideas: first, the medical damages imputation principle to distinguish between publichospitals and private hospitals, medical liability for damage of the private hospitals in accordancewith the medical service contract breach of contract by default of the debt to deal with, for real inthe sense of no-fault liability; Second, through personalized classification of medical damage,unifying medical products damage apply no-fault liability imputation; Third, expand the scope ofexisting medical damage liability of presumption of fault; Fourth, unified justice identification ofmedical damage, avoid worsening doctor-patient contradiction and waste of social resources; Fifth,improve the national health insurance system, medical risks, reduce the burden of the parties,eventually make patients, health providers and the social and public interests in the best balance.