The Composition Of Tort Liability Caused By Excessive Check Damage

Over check is an important characterization of excessive medical treatment, and thisphenomenon has become the hot topic of society, this behavior has led to a series of social, legalissues. And the patient disputes caused by excessive examination of damage caused by frequentoccurrence, and continue to attract people’s attention. Excessive checking, not only violates theproperty rights of the patients, but also infringes the rights of patient’s body and health. Andthese rights are important interests which protected by law. In view of this, it’s significant toexplore the medical excessive checking behavior and its acceptance of liability in a legal point ofview.Besides "Introduction" and "tribute ", the main content is divided into five parts:The first part contains the concept and legislative history of excessive medical treatmentinspection. There is a definition of excessive medical check that is during the period of medicalactivities, if the medical institutions or their medical staff violates the legal obligations orcontractual obligations and provides medical services which exceed the actual needs of patients,resulting in patients with personal injury and property damage behavior. We take time tostraighten the relationship and the differences of some behaviors such as the excessive checking,excessive medical treatment, and violation of the diagnostic.The second part is the status of a medical excessive infringement of Damages Cause. In thispart, we clear the damage caused by the medical excessive checking universality exists in real lifeand analysis then pointed out that four aspects of government regulation, social, medical side andpatient led to the phenomenon of excessive examination. We Point out the damage of excessivemedical examination in patient’s property rights, physical power as well as the right to health,and state this behavior harmful to society. Therefore, it’s necessary for us to define if theexcessive checking will constitute medical injury tort, determine the nature of over-check andpropose the compensation ways which cause by medical excessive checking.In the third part, firstly we define the excessive examination compensation as a kind of tortliability. This provides a specific legal remedy channel for the victims. And then we talk aboutthe composition of tort liability which caused by excessive checking. Use the general theory to define tort liability damages Caused by the excessive medical violations identified, pointed outthe illegality, damage of excessive examination, causation between illegality and the damage. Byanalysis the essentials to clear the tortious liability of over check he damage. Finally, we sort thescope and project of compensate for excessive checking caused damage.The fourth part is legal regulation for excessive examination and its responsibility andimprovement. In this part, we states the deficiency in excessive examination of damage caused bythe relevant provisions assume liability deficiencies, including excessive examination liabilitylegislation, the way of the burden of proof on the improvement of medical practice, reform andimprove the system of medical damage identification. And propose appropriate regulatorymeasures.