The Imputation Principle Of Medical Tort Cases

The researching of medical tort has been a hot topic in the field of law for a long time, and the imputation principles as one of the most important parts in medical tort has attracted great attention among the scholars without any doubts. Although the "Tort Liability Law" has made specific regulations on medical tort cases, while it is certainly not enough to solve the difficult medical imputation principles problems in medical tort by the provisions in the law. This dissertation presents the suggestions in improving the imputation principle of medical from the perspective of legal Economics. The first part of the dissertation is an overview of medical tort cases in China, analyzing the present situation of medical tort cases and then the elements and particularity of medical tort cases. The second part is the introduction of the analysis methods of legal economics, and the explanation of the necessity of applying legal economics theories to analyze the medical tort imputation principle. Then is the introduction of the specific methods and basic theories in legal economics. The third part is based on the introduction of analytical methods and basic theories in legal economics, and using them to analyze the imputation principles of medical tort, then demonstrating the necessity of applying the fault liability principle, the fault presumption principle and no-fault principle. The fourth part of the dissertation is about the indispensable part of imputation principle system, which is defense. In this part, mainly putting forward legal defense of not belong to medical accident, and general defense of not belong to medical accident, defense of complications, defense of informed consent of patients and assumption of risk. In the fifth part, through using comparative analysis method to introduce the imputation principles in western developed countries, such as the United States, Germany, France and so on. The last part put forward the suggestions of perfecting the system of medical tort in China by absorbing outstanding experience in foreign countries. Specifically, the application of the imputation principle will be based on the distinction of medical tort cases, applying compensatory damages and punitive damages in distinction, the special legislation of medical tort and perfecting proof rules of medical damage liabilities.