Theory Of Tort Liability Of Excessive Medical Treatment In Our Country

Under the profit-driven,excessive medical treatment is common phenomenon,andintensified.It’s has been one of the main reasons for the high medical costs.Excessive medicaltreatment,as it were,in a degree resulted in the difficulty and high cost of people to see thedoctor.On July1,2010implementation of the"tort liability law"the63th will"excessivemedical check"regulation for the first time as a tort.This provision is of greatsignificance,marking China’s regulation of excessive medical treatment gradually rise to thelegal level,the practice of the medical behavior played a role in curbing excessive.Because ofthis provision is too principle,already is not clearly defined the scope of"diagnosis andtreatment norms",also did not make an accurate definition of the connotation of the excessivemedical treatment,at the same time the law is not specific,identification of excessive medicaltreatment in practice there are still some problems,lead to the judge trial operationdifficulties,affecting the application of excessive medical tort system.Based on the theory andpractice of closely combining the premise of trying to through the analysis of cases withexcessive examination,excessive for the recognition of medical tort liability,for the judicialpractice apply excessive medical tort system to solve medical disputes.This paper is divided into six parts,in addition to the introduction,a total of about17218words.Which the first part of the case. This part mainly introduces the typical excessiveexamination and operation, the main content of the case from the case facts, the focus ofdispute and court judgment in three aspects are expounded.The second part of the defendant if there is excessive medical behavior. This part firstlyclear the concept of excessive medical behavior. Then mainly expounds the two legal issuesrelated to the case the focus, namely the defendant’s check behavior norms constitute arepeated inspection, in violation of the diagnosis and treatment for excessive surgery couldapply "tort liability law" the63th. Finally concluded that the defendant’s repeat check belongto excessive medical tort, excessive surgery can apply article63constitute the conclusion ofmedical tort.The third part of the defendant’s excessive medical behavior whether excessive medicaltort responsibility. First, legal analysis, analysis of the constitutive requirements of tortliability excessive medical treatment. Finally concluded that the defendant’s behavior conforms to excessive components of medical tort liability, the excessive medical tortresponsibility.The fourth part of how to select the appraisal institutions excessive medical behavioridentification. This section first discusses the tort liability act came into effect before and afterthe technical appraisal for medical accidents and medical damage relationship of judicialauthentication. Then discusses both sides of the controversial focus of in patients andhospitals do not match the identification disputes, the court shall, in accordance with therequest of the patient health damage to judicial authentication.The fifth part from the case to see the defects of excessive medical tort liability in ourcountry and perfect.First talk about the defects of excessive medical treatment in ourcountry,more targeted improvement Suggestions are put forward.The sixth part of the case study results.Include in the original judgment and reviewingthis case processing opinion.