The Study On The Professional Responsibility Of Physician

Medical incidents disputes is a hot issue for the current society, and the number ofmedical malpractice disputes is rising, and growing, and sometimes even lead to theoccurrence of mass incidents. The responsibility of identifying and sharing of medicalincidents is an urgent problem, which is the key to tension between the doctors and patients.An integral part of the medical liability for damage is responsibility of the physician expert.This paper attempts from the start of the basic questions of meaning, characteristics, and typeof responsibility of the physician experts, to expand to analyze the key issues for identifingthe experts responsibility of the physician, so as to find the essence and solution to theproblem. I hope my paper will provide the reference value for building the theory ofresponsibility for physician experts in China and Judicial practice, and health care systemreform and improve the legislative. Studing of physician experts responsibility doesn’t onlyhave theoretical significance, but also have practical significance and legislative significance.Physician experts responsibility belongs to tort liability, in theory, researching in it will beimprove our tort theory, which can be make up the blank of the Civil Law and the Tort Law.In Judicial practice, with the advances in Legal system and deepening of the concept of therule of law and the soundness of the legal system, gradually people’s awareness of legalprotection is increasing., when encounterring contradictions and disputes, people naturallythink of taking up legal arms to protect their legitimate rights and interests, but there is nolegislation on the responsibility of physicians expert currently in china, in dealing with casesof disputes and litigation, there’s no law to obey, so limit the operability of the law.Although there’s no specially legislation to adjust physician experts responsibility, butrelevant laws and regulations has already admitted physician medical damages caused bywrong practices. Above all, studying physician experts responsibility doesn’t only play anactive role in legislative Perfection, also play an Irreplaceable role in solving reality medicaldisputes.From future development, along with the gradual reform of the health care system and the profession of the physician will tend to liberalization development. With the developmentof social science and technology, the progress of human civilization, people’s quality of life isrising, people’s sense of self-care gradually increased, the profession of personal carephysician will be his breakthrough, Widespread the phenomenon of personal practice will bethe inevitable responsibility of physician specialists will occur. Tort Liability Act provides:the compromised patients in the clinic activities, medical institutions and medical personnelare at fault, be liable for compensation by the medical establishment. The provisions of theTort Liability Act does not cover all medical damages in all cases, such as personal physicianto practice medicine to result in patient harm, the responsibility to assume the tort liability lawdoes not require. In this paper, the subject, our physician experts in liability legislation andreform of the health care system to provide a reference value.Experts with specialized knowledge or expertise, according to the law to obtain anationally recognized professional qualifications and practicing certificate, to provideprofessional services to the public, including doctors, lawyers, accountants, architects,notaries. The physician is a kind of experts, the responsibility of the physician expert is anexpert responsibility-derived from the general responsibility of specialists and expertsdescribed a gradual transition to the study of issues related to physicians in this specialresponsibility of experts.