Research On The Medical Tort Liability System And Its Perfection

Medical malpractice is a time when one of the hotspots of the most prominent social contradictions, and even lead to large physician-patient conflict in many places. Carefully consider the intensified the doctor-patient conflicts behind, the fundamental reason lies in the differences in the application of the law in the judicial practice."Tort Liability Act had come into force on July1,2010. Chapter VII of the medical damage responsibility to make the new provisions. The law completely changed the past exist the dual chaotic state of medical liability and medical fault liability in favor of the establishment of a new unified medical damage relief system. In judicial practice, the provisions of the new law has made a very good response, indicating that this time the reform as a whole has achieved great success. However, if we are careful study of Chapter VII which analysis on the responsibility of medical damage eleven, can still found some insignifance. Specifically, this mainly in three aspects:an unreasonably heavy burden of proof on the patient, huge medical compensation funds are not guaranteed, and too absolute medical negligence standard. Doctor-patient relationship in order to better co-ordination, at the same time protecting the legitimate rights and interests of patients does not affect the normal social functions of the medical institutions play, and we should face up to and examine these issues, eliminating the lack of legislation in order to better achieve China’s socialist rule of law, justice and social equity.I believe that on these issues is necessary, combined with the special nature of medical practices, and of theory and practice on the basis of the concept of medical tort Tort Liability Act, articles of law, constitute the basic principles of tort elements of imputation principle and accountability systems research to find answers to your questions. Turn the ideas in this article can be divided into four parts, the first part introduces the status of China’s medical liability for damage legislation, pointed out the defects. The second part is a necessary legal medical liability for damage and learning, and to lay the foundation for the solution of the above-mentioned defects. The third part of the comparison method to explore the feasibility of various solutions. The fourth part is the basis of the above analysis and results of specific solutions and summarizes all the arguments in this article.