Causality On Compensation Of Medical Damage And Participation Degree Identification

On the liability of medical damage, the identification of causal relationshipshowed different characteristics, and in that involves a variety of autoimmune diseases and other factors, therefore, that the causality of medical damage is different from other tort liability in the field of causal relationship.At the same time, in consequence of the medical behavior and the harm that also has a causal relationship, often related to "force" the size of the force, about the causes of damage are analyzed in medicine,but in how to apply for legal liability rules is a worth thinking problems,how to judge the medical negligent behavior, how to judge the medical damage, how to judge the negligent medical act and the causal relationship between the damage consequence, participation behavior of medical negligence,still lack a relatively unified, knowledge and methods, the need to further improve the. Reasons for the abuse of judicial practice the rule of medical damage compensation in our country reality, the author thinks, cause force rules must be and contributory negligence rule applicable in medical damage liability in negligence cases,both doctors and patients, the size of causes size mainly as a supplement to the sharing the damage.This paper is intended to study these problems from the angle of law and medicine,and a representative case to carry on the discussion to select personally handle the case, to tease out cause and effect relation method in medical decision path principle to the medical disputes in judicial practice, makes the conclusion more scientific、objective、accurate、so as to provide a basis for justice as the case.