Doctor-patient Dispute Caused By Non-medical Accident

Medical accident of medical tort, that is, the medical disputes caused by the compensation problem has always been the difficulty in the judicial practice. In real life, there is a lot of dispute of medical accident, but seldom involved in the theoretical cycle. From the actual situation of our country medical disputes, analysis the medical damage caused by medical accident and the non-medical accidents. Consist of the subject of the liability, the damage range, constitute the elements, assume responsibility and then determine a definition of legal nature to doctor-patient dispute caused by non-medical accident. Furthermore, it is very necessary to find a reasonable solution.Matter from the subject of liability, the damage range, constitute the elements or assume of responsibility. Universality is the salient feature of non-medical accident. Does the non-medical accident is a kind of tort liability and liability for breach of contract, or even two kinds of liability concurrence? Use what kind of imputation principle can more reflect the nature of such disputes, can more conducive to solution the dispute? As theory and practice opinions vary, no unanimous conclusion can be drawn. In the doctor-patient dispute of non-medical accident, the prescriptions in a strong position, protect the patient became people’s first selection. Exemption may be ignored, as a result, the inversion of onus probandi may be fault expansion in real life. Find out the problem is mean to solve the problem, the theoretical disputes and difficulties existing in reality could not be the reason that we give up find a way to solve the problem. Instead, we should sound bites, combing the disposal methods of such medical disputes effectively, and give doctors, patient, administrative departments, appraisal organization and other relevant parties a accurate positioning, it puts forward a set of reasonable and convenient settlement mechanism, to resolve the problem of medical disputes caused by of non-medical accident.