Theory Of Standard Of Medical Negligence

The madical cases are more than before. And the justice department will be under increasing pressure with the progress of society, the improving self-protection awareness of people and endless of medical accident. If the vulnerability continue rising, it will be cause the doctor-patient conflict escalating and may cause huge wates of resources. In order to put forward useful suggestions for judicial practice of our country, this paper will use case analysis method to analyze medical negligence related standards.Main problems existing in the judicial practice are found out based on the analysis of "li xx" case, namely dual-track system of medical identification and forensic identification. Because it is involved in medicine in the medical dispute, it is very professional and the judge depends on medical identification very much in the tnal process, and on the other hand is the medical accident identification plays a decisive role in the determination of medical negligence. The second problem is the important role that the duty plays in the trial of cases. The attention obligation distribution in various laws and regulations of current low of China are not comprehensive system, so we need a unified comprehensive provisions on the duty of care, thus contributing to the doctor-patient and clear the duty of care of the medical side. Moreover, it is also conducive to the judge could clear up the case, which is conducive to the smooth progress of the case.In order to solve the problem, a solution is proposed in this paper:firstly, We should put the appraisal content, the medical identification and judicial identification model specification. And should regulate appraisal scope of responsibilities. We should regulate the duty of a judge. Let the judges realty fully exercise in medical malpractice cases in their jurisdiction. Rather than rely too much on medical identification results. The court should not power to the appraisal department. And we should make clear the relation between the identification range and judges to exercise the duties. Only when the two are well coordinated. can we really solve the contradiction between doctors and patients. Secondly, do a simple division to advertent content which can be divided into compulsory and organization of the duty of care, ethical obligation. Two approaches are proposed to provision of medical care system:first, a special chapter should be established to the provisions of the duty of care of medical institutions and their medical staff in our current implementation of the "Contract Law" and the contract should be add to the future of civil law as a special contract. Second, we can specifically intended a legal regulations regulating civil legal relationship between doctors and patients, and medical identification and the duty of care should be elaborated in the law.