Medical Damage Tort Liability

With the rapid development of science and technology, medical technology in the areasof advanced medical career in the life-saving at the same time, invasive and dangerous natureof the human body also increased significantly, more and more incidents of medical harmresulting medical tort expression of behavior is more diverse, combined with the introductionof the tort liability of the People’s Republic of China ", so that this responsibility study bymany scholars the paper discusses the The starting point of this article is to protect thelegitimate rights and interests of the civil subject in the medical damage to solve the pressingproblems of the masses have a strong medical damage and practice exists, the constituentelements of a clear medical tort and responsibilities, the subject of tort liability for medicalexemption, medical damage compensation are discussed in detail, and summarized how toprevent violations, and building a harmonious doctor-patient relationship, and protect patientsat the same time also pay attention to the protection of medical institutions and health workerswith normal medical order to reduce the doctor-patient conflict, and medical damage Theresponsibility for identification of trying to own several suggestions.Firstly, an overview of the medical liability for damage, focusing on analysis of thenature of the medical liability for damage; review of China’s Tort Liability Act, the legislativeprocess; last in-depth analysis of the characteristics of the legislation made clear theimportance of medical damage tort special chapter.Constitute medical tort liability is based on four main elements as a starting point, adetailed analysis of this chapter. First, the foreign origin of the fault, and then pointed out thatthe judgment of the medical mistakes label, and analyzed the criteria of medical negligence;followed by analysis of the types of violations, and violations Elements, pointed out that theoffense characteristics of health care in China; again elaborated on the medical damage,damage to the personality interests, focus on three aspects of the property, and spiritualdamage; Finally, the causal relationship between domestic and international comparison putforward the criterion of causality.For medical damages, the first analysis of the meaning of medical damages; thenintroduced the subject of rights of medical damages, and further study of the principle ofmedical damages; the last in-depth analysis of the scope and standard of compensation forpersonal injury compensation. Disclaimer Subject exemption subject matter is divided into the statutory exemptions andprovides for the principle should be the grounds of relief. First to meet the standard diagnosisand treatment of patients or their close relatives do not meet the medical institutions, medicalpersonnel in emergency situations such as rescue dying patients have done to a reasonablediagnosis and treatment obligations, difficult diagnosis and treatment of three statutoryexemptions limited to the level of medical analysis have adverse consequences; then causedby force majeure, medical accidents, responsibility for three aspects of the medicalinstitutions of the general requirement should be the grounds of relief are analyzed; theburden of proof of medical institutions.Finally, medical damage responsibility for the improvement of the authenticationmechanism. Author from medical practices in the judicial practice, there is no fault, medicalmistakes and causality are difficult problems identified by the identification of dual-tracksystem exists and institutional accreditation bodies set up, the expert for the selection,identification of the implementation of the program, and other defects that the damage to thereform of medical identification imperative. And then from the development and reform of themedical expert system, the accreditation bodies to set up a neutral expert for the selectionsystem in three directions, the absorption of foreign advanced system, combined with thedomestic situation, a systematic, comprehensive analysis, the conclusion that theimplementation of the reform and identification the recommendations of the program.