| Medical malpractices in the mental health hospitals have not been paid due attention to for a long. The Mental Health Law of the People’s Republic of China, which has come into force since May1,2013, has showed the direction for the development of mental hospitals. However, China’s mental healthcare construction started quite late, resulting in its backward medical environment and medical level. Moreover, medical malpractices in the mental health hospitals have their own characteristics. Their predictive degree, complexity of variations and the special mutual parties have forced people to turn to other methods to handle with and regard the disputes caused. At the same time, China’s rules and laws concerning the infringement of people with metal diseases are far than perfect. In the medical disputes with the mental health hospitals, people with mental disease are in a disadvantageous civil status, which has not been noticed by many. In terms of the special legal relationship, it is necessary to discuss the legal relationship and legal positioning of both parties to analyze based on the characteristics of medical malpractices in the mental health hospitals so as to serve the society,therefore, this paper gradually analyzes the legal requirements of medical malpractices happening in the mental hospitals and analyzes the legal relationship of both parties involved in the civil liabilities, mainly based on Tort Law of the People’s Republic of China Promulgation implemented in2010. Following that, this paper analyzes the burden of proof and exemptions of the civil liabilities in medical malpractices in the mental hospitals according to the doctrine of liability fixation and liability requirements. This paper aims to identify the civil compensation liabilities resulting in the medical malpractices in the mental hospitals. It also puts forward the idea that more attention should be paid to the amount and method of compensation among both civil parties. |
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