Theory Of Medical Negligence

Currently，the number of our patient disputes is growing,and the doctor-patient conflictsintensify increasingly. The deterioration of the doctor-patient relationship seriously affect thestability of the social order in China, also seriously hinder the development of Health Service.The doctor-patient intensification of conflicts is a large extent that the demands of patientscan not be achieved. According to the tort liability law, medical damage liability is givenpriority to with fault imputation principle in China, the existence of medical treatment fault isthe prerequisite of medical institutions bearing the responsibility. Fault include intent andnegligence two forms, in view that the medical staff deliberately damage patients, Constituteintentional injury or murder on criminal law, therefore Medical negligence has become themain form of medical treatment fault, Given that medical negligence is breach of duty of careto its physicians, therefore that the premise of the treatment error is to determine what kind ofduty of care of physician medical. Doctors duty of care is a type of duty of care, From ageneral duty of care theory and combined with the particularity of medical treatment activityto define the scope of duty of care in physicians. In the comparison of domestic and foreignscholars on the basis of the study of medical negligence theory, physician’s duty of care inChina are put forward.When identify medical negligence, Whom and to what standard is the important factorsinfluencing the medical negligence that, On the analysis of the Anglo-American law systemcountries used during the medical negligence facts based on the feasibility of the expertwitness system, According to our country’s medical identification system in the problem ofmedical negligence, To improve the medical fault determination right system, In the study ofdomestic and foreign medical standards based on the theory of the fault,. Analysis problem ofmedical negligence standards in our country put forward Standard of medical negligence.When testify medical negligence, Due to the particularity of medical treatment activitythe unequal position of both doctors and patients in medical lawsuits, Patients prove medical negligence when facing the difficulties of proof, in order to solve the patients face difficultiesof proof. Safeguard the legitimate rights and interests of patients. In the aspect of the medicalnegligence, United States the fact itself that negligence principle, Germany implements theperformance certificate, Major medical negligence onus probandi inversion. And impedeproof theory, Japan implements the fault presumption principle roughly, In the allocation ofthe burden of proof on the fault purposes consistent, to ease patients burden of proof formedical fault To ensure the legitimate rights and interests of patients. Analysis of medicalerror proof system in our country. Draw lessons from foreign medical error proof system andimprove medical treatment error proof system in our country.