Study On Several Problems Of Civil Liability Of Medical Damage Dispute

China’s "Tort Liability Act" was promulgated, although the judicial theorists and practitioners in the medical dispute process to solve some problems to be solved, the objective is conducive to safeguarding the legitimate rights and suffer from side to resolve medical disputes, but the legal theoretical and practical point of view, the game is still patient disputes is a long and complex social problems and legal issues.In judicial practice, medical damage hearing civil disputes, especially in the identified fault, proving causation and reviewing submissions on issues such as identification of judgment because of "Tort Liability Act" does not have clear and specific requirements can be based, so in actuality there are still some confusion on the inevitable.Medical mistakes, damage to the facts, and a causal relationship between these three aspects constitute the constituent elements of civil liability for medical malpractice.This is commonly think of as "three essential conditions."In general, legal theory and practice of discussion and controversy is the focus of medical mistakes behaviors and the identification of causal two elements.Identify the medical side is not there is discrimination which is medical negligence should not assume an important condition of medical liability.Because existing laws and regulations do not determine the detailed criteria for identification of medical negligence, so only in accordance with the abstract "medical standards" and to take full account of their faults affecting the reasonableness of medical practice, medical care and other factors regional level to determine the medical behavior is to achieve "medical standards", and ihen determine whether there is fault medical practices.Fault diagnosis and treatment activities and infringement of a causal relationship between the results is discriminating parties in civil disputes, medical malpractice liability and whether the size of the kcy.In the legal profession, the medical malpractice civil disputes are inevitable causality causality causality and quite two main ideas, we should insist on causation theory quite true and should not be pursued legally bound to adhere to the pursuit of objective truth causation theory.Medical expert opinion evidence is only one of many civil action shall be corroborated with other evidence phase in order to better demonstrate the true face of the case, the judge should not place undue reliance on superstition even as the inevitable basis for decision. We should use evidence from the perspective of the facts, comprehensive law, medical knowledge and life experience, and many other factors to be reviewed, consolidated the whole case of evidence, expert opinion on the scientific impartial judgment.