Study On The Imputation Principal Of Medical Tort

The liability of medical damage has been more and more attention, and thedifficulties to Legislator, it severely affect the doctor-patient relationship stabilityand social harmony. Tort liability tries to adopt the imputation principle ofdiversification，But the imputation principle of medical tort don’t adapt to themedical behavior.With the development of society and the advance of medicaltechnology，more and more emerging medical activities appear.Such as plastic,degeneration, organ transplantation and so on.The new medical treatment risker thantraditional medical.And they have many unknown potential risk.The current lawdon’t stipulated.There are many similar medical behavior has not been classified intothe corresponding imputation principle.So we must classify the medicalbehavior.According to the characteristics of the medical behavior adapt to themedical damages imputation principle.Medical damage liability is different from other tort liability, because of theprofessionalism and risk of the medical behavior.So divided medical liabilityaccording to the characteristics of the medical behavior. Law is the patient’s finalrelief and lawmakers responsibility is significant。Lawmakers should solve thecontradiction of patients and hospital. Consider the rights of patients at the sametime to prepare for the medical and health service ’s long-term development. Thefirst part of the article introduces the concept of medical tort. Author divides medicaltort into two types including medical technology damages and non-technologydamages according to the characteristics of the medical behavior and expounds theclassification of medical behavior for the influence of medical liability.The secondpart of article introduces the laws about the liability of medical damage and theproblem of imputation principal of medical tort,brining social consequences. Thethird part author study abroad for medical damage liability imputation principle Inthe aspect of comparative law, concluding its characteristics. The last part author putforward the opinion to perfect imputation principal of medical tort．Because of thecomplex and professional character of medical-technology tort, applying theprincipal of fault-deduction．Medical ethics damage apply the principle of faultliability.Medical product damages are the same as the product liability for no-faultliability principle. There are many different kinds of medical behaviorand the harmof medical damage results are also different. According to different reasons of the medical liability for damage of different imputation principle.Useing unifiedimputation principle to deal with all medical damage is unscientific and impossibleto realize fairness and justice of law. The biggest advantage of applicabling differentlaw to different types of medical damages is clearly applicable law. In order tofacilitate the judge handling the corresponding cases.