Medical Liability Liability Under The Balance Of Interests Principle

In recent years, as people ’s living standards improve, enhance awareness ofrights highlights the contradiction between doctors and patients. Medical liability fordamages to be a very sensitive topic, our "Tort Liability Act " Although specialchapter sets out the legal system of medical liability for damage, but the " TortLiability Act" responsibility for the provision of medical damage is too rough,especially for medical damage liability principles of Responsibility provisions existmany contradictions and shortcomings in practice did not really play to balance theinterests of all parties, is not conducive to building a harmonious doctor-patientrelationship, and maintain social stability. Principle of Liability for MedicalMalpractice Medical Liability is the core issue of the legal system, learn from foreignexperience, the principles of medical damage Liability make some more systematicstudy.The first part of the basic theory of medical damage liability comb, a clearconcept of responsibility and constitute medical damage. Secondly, the principle ofmedical damage Liability concepts and functions for analysis, pointed out that theprinciple of medical damage Liability determine the burden of proof of medicaldamage liability, medical and health damage liability damages constitute disclaimerof responsibility. Third, the principle of medical damage Liability doctrine carried outa detailed review and make a solid theoretical groundwork for the article conclusion.Second part of the balance of interests in the medical damage Liability principlesof value for detailed analysis and argumentation. First, liability for damages on ourmedical conflicts of interest present in parsing conflicts of interest where the partiespointed out, the social and legal impact of the causes. Secondly, the level ofjurisprudence theory of balancing the interests of theoretical depth discussion andnoted that the balance of interests is to determine the principles of medical damageLiability primary value targets. Finally, to determine the principles of medicaldamage Liability interest factors were analyzed to determine the medical damageLiability stated principles should be the interests of patients, medical institutions andpublic tripartite considered.The third part of the responsibility for the damage under the Medical LiabilityPrinciple of balancing the interests of the advantages and disadvantages for analysis.Pointed out that although the principle of fault liability can stimulate the enthusiasm of the medical side of medical practice, and promote the development of medicine,the medical side and help protect the public interests of the community, but if there isno distribution of this principle to the principle of equality of arms litigation, the riskof side for very specialized and technical strong medical damage is difficult to adduceevidence, is not conducive to the protection of patients Fangli Yi; presumption offault and no-fault liability principle, although protecting the interests of patients, butincreased the responsibility of the medical side is not conducive to the freedom topractice the medical side, the impact of the development of medicine, is notconducive to the protection of the public interest.The fourth part from the perspective of balancing the interests of medicalresponsibility principle of liability for damage to build and perfect. Proposed toabolish the principle of presumption of fault attributable and the principle of liabilitywithout fault, the fault of a single responsibility principle, the specific provisionsfound fault; principle of fault liability reform drawbacks with the burden of proof toestablish a sound system and health insurance system to be corrected and auxiliary.