Research On Subjective Fault Liability Of Medical Damage

Tort law of fault includes intention and negligence. Generally speaking, the tort law in the fault is different from the criminal law. In the criminal law, fault is suspect subjective psychological accountability for the conditions, but the tort law of fault is based on the objective criteria to judge the fault, or even in the absence of the subjective psychological attribution still, the establishment of negligence. Medical damage liability for medical damage liability, liability for damage of medical ethics and medical products liability for damage. The liability of medical damage classified as such, not only the liability of medical damage disputes occurred, the development of the summary, distinction is based on medical damage, according to the different types of responsibility in the practice, the fault that problems were cited, fault liability principle,. Fault liability principle, the principle of presumption of fault and the principle of liability without fault. According to Zhang v. hospital contrary placed IUD case as a clue, choroid common types of several liability along the medical damage, gradually spread to the medical fault issues and research. I hope some theoretical viewpoints of this article can benefit to our country medical damage liability in legislation and the judicial in the future.