Study On The Medical Damage Liability Imputation Principle

In medical treatment damage dispute, the problem of imputation principle is related tothe patient the vital interests of both sides, directly affect the trial results. Imputationprinciples of medical damage, therefore, cause the extensive concern of the society,become a social hot spot. The tort liability act passed in2009in the seventh chapterestablished the principle of fault liability for medical damage to the imputation principle,this is important for the improvement of the system of medical damage. Based on the tortliability law of our country’s medical damage liability imputation principle to carry on thethorough research, first expounds the basic concepts of medical damage, the developingcourse of our medical damage is analyzed in detail, and the tort liability law of our countryin-depth analysis and evaluation. Based on scientific theory. The first part of this papermainly discussed about the concept of medical damage and medical liability for damage,the second part of this paper explained and reviewed the four kinds of imputationprinciples in our country, the third part used the comparison method, mainly introduced,including the United States, Germany, France, Japan, Taiwan,five national and regionallaws and practices, the fourth part is about the history of medical damage liabilityimputation principle, before the tort liability law and after the contrast, the fifth part is toadopt comprehensive medical damage imputation principles of concrete structure, the sixthpart summarizes.