On The Medical Causation And Proof Of Identified

Causation in tort liability elements is an important factor, with the growing number ofmedical tort disputes, professional medical knowledge, the complexity of the type ofinfringement cases are decided causal tort and the damage results in infringement casesbetween medical relationship problems identified are significant difficulties. In judicialpractice, found mostly in medical malpractice causal conclusions rely on medicalmalpractice, ignoring the evidence of property appraisal conclusion, the medical expertconclusions as determining the presence or absence of a causal relationship conclusiveevidence. Coupled with the drawbacks and shortcomings inherent in medical malpractice,making both doctors and patients at a distinct position in unequal benefits, patients can notget reasonable compensation. From a legal point of view the system, there is a definition ofthe law of tort liability in medical tort liability "damage" is not uniform, narrow range ofissues, exacerbated by the difficulty of medical tort disputes identified causality. Therefore,this paper finds the status quo of China’s medical causation in tort cases as a starting pointto analyze the over-reliance on the judgment of medical practice expert conclusionsfinalized causes and hazards. Meanwhile, through the comparative method recognized bythe national causation theory and practice analysis and draw on our medical tort casescausation thinking and made suggestions to a finding of causation in medical malpracticebenefit.