Medical Problems Related To The Compensation For Damages

With the rapid development of the cause of the medical treatment, medical standardshave been greatly increased, but because the medical process is bigger risk, such as some theuse of new drugs, the new technology, new investment in facilities used, there may be sideeffects, medical damage occurred inevitable; And with the reform of medical systemawareness of rights to constantly strengthen, when people get medical treatment by damage,bold use legal weapon to safeguard their lawful rights and interests. The number of medicaldisputes increases, the contradiction of both doctors increasingly sharp, quick will hearpatients to medical personnel to use violence, even the medical personnel reports of deaths,doctor-patient conflict has become the focus of the whole society "one of the problems, themedical dispute cases have been gradually rising trend. To correctly recognized medicalliability for damages must study related theory,The purpose of this paper is mainly to better adjust medical damages relations, to protectthe legal rights of both doctors, reduce damages because of medical disputes in the problemscaused by the social contradictions. From the actual condition of our country, combining withour country’s existing laws and regulations and the relevant theories, using comparative law,analyzes the research methods of law, this paper focuses on China’s medical liability fordamages of the nature and liability principles, scope and standards. This paper is divided intofive parts, the first part analyzes medical damage the connotation, and the concept of thesimilar with some separation, medical liability for damages to the properties of defined; Thesecond part of the medical liability for damages of imputation principle is analyzed. The thirdpart of the paper is the medical treatment compensation extent and standards. Includingforeign related medical liability for damages the doctrine of liability fixation, then introducesthe related provisions in China. The fourth part discusses the medical liability for damageswithout prejudice. The fifth part puts forward some Suggestions.