Research On The Doctors Duty Of Care In Medical Negligence

In July1,2010, China’s "Tort Liability Act" was officially implemented. Section57of the Act will introduce duty of care to the concept of medical tort, causing theorists’ and practitioners’ attention. As a statutory obligation of physicians, duty of care is not only the core of the whole medical negligence, but also is a premise to determine whether a medical negligence. The research of medical negligence, which is also the medical practice of physicians in the process of implementation of the medical behavior in breach of its bounden duty of care.Physician’s duty of care identifies as one of the core issues in handling medical disputes, but also the core issue of the medical damage compensation disputes. Criteria for determining which physicians are negligent conduct is the focus of both doctors and patients, which is the theoretical circles have long debated. It is so far inconclusive, especially for the "Tort Liability Act" on page57how to understand. In view of this, the paper medical negligence tort duty of care practitioners conducted a more comprehensive study.This paper includes an introduction and a body of four sections. The first section is the "concept and characteristics of medical negligence tort physician duty of care." In this section, this paper introduces the concept of medical negligence tort physician duty of care, and its characteristics are described in detail. The second part is the "types and main contents of medical negligence tort physician duty of care ". This section elaborates the types of medical negligence tort physician duty of care. According to the theory, it is divided into physician damage result avoidance obligation and physician harm result avoidance obligation; According to the nature and clinics of medical practice, it includes diagnosis and treatment of the duty of care, ethical duty of care, medical product obligation, management of the duty of care. And then it elaborates the specific the content of physician duty of care. The third part is the" civil liability of medical negligence tort physician duty of care ". It mainly carried on the detailed analysis to the situation and standard for medical negligence tort physician breach of duty of care. At the same time, the breach of physician duty of care shall undertake corresponding civil liability, this section also specifies constitutive requirements, exception and type of detail for civil liability of breach of duty of care physicians.