The Standard Of Identification Of Medical Fault

The current medical damage cases have constantly increased, the doctor-patientdispute escalated conflict between hospitals and patients, medical damage has becomeone of the hot issue in academic and community discussion. The tort liability lawpromulgated and implemented, general principle of imputation of the medicalmalpractice liability for fault liability, such changes can be seen as a legislator is tobalance the interests of patients and doctors practicing activities and development ofmedical progress. The principle of fault of medical damage cases, patients burden ofmedical fault will be under enormous pressure, a patient in the knowledge abilityrelative prescriptions in a weak position, on the other hand, the current standard offault identification is not specific enough, the lack of operability. This situation by thepatient burden is unfair, many patients can only hope and medical identification, butnot because of neutral unreasonable defects existing in the identification, coupled withno specific medical fault identification standard, scientific and authoritative expertconclusion is doubtful. So the fault from the medical damage identification standardsof highly targeted, but also has a strong theoretical and practical significance.At the beginning of medical fault identification standard research status at homeand abroad are introduced in the introduction part, based on the comprehensiveevaluation of academic research achievements have been obtained on, objectivelysummarize the innovation of the article.The text is divided into three parts.One, aboutthe medical fault judgment standard research, the first part of the theory of generalfault in tort law to explore. Standard mainly around the fault attributes and fault andexpansion. Nature of problem about fault after different kinds of comparative theory,proposed the fault nature and the judgment standard strictly distinguishing principle,then the criteria for key fault from the duty of care and expansion angle.Two, this partexpounds the definition of medical fault, medical fault identification for the medicalfault identification problems important medical damage and case processing in thecurrent law of our country.Three, the medical damage cases of medical treatment faultjudgment. This is the focus of this discussion. Judge ideas according to general tort inthe fault, this paper focusing on the medical duty of care and medical objectivecriterion of fault two aspects. Especially the problem of how to sort out therelationship between the two has become a difficult problem in the paper writing. After the article reviews the medical attention to specific types of obligations, throughthe method of comparative analysis, drawing on domestic and foreign medical criteriafor fault judgment theory, put forward its own understanding.Four, for the second partof our medical fault judgment problems, put forward some suggestions to improve therelationship between rights and obligations, expect to be able to balance betweenmedical institutions and patients, so as to promote the harmonious development ofphysician-patient relationship.