The Causation Theory Of Liability To Pay Compensation For Medical Damages

In today’s medical tort cases handled judicial practice, the study causationtheory of tort liability for judgment plays an important role, causal relationship hasalso become one of the rather controversial issue in the field of tort law. In recentyears, a relationship of equality a service contract has been established betweendoctors and patients, the patient began to increasingly focus on protecting the rights ofits own, social people continued to discuss growing dispute with medical liability fordamages, how to balance physician-patient relationship effective has become verydelicate, and in medical liability for damages how to effectively identify a causalrelationship can be described as the most important issue. Standard among medicalnegligence damages result in damage in patients with a doctor whether a causalrelationship often become the focus of controversy, but the identification of thecausal relationship between theory and practice is a difficult field, the lack of aunified standard. This paper from the uncertainty of causality and the particularity ofperspective to talk about how to identify the compensation liability for damages inmedical causation theory problems. This paper is divided into four parts. The first partof this paper is to study questions of how the causation in medical liability for damagewere identified, the most typical manifestation of practice for the presence or absenceof a causal relationship between uncertainty, according to the particularity of themedical damage liability and causation its manifestations determine how its proposed medical liability for damages identified in the causation should be combined withspecific cases, respectively, from two points to talk about how to solve this problem,namely the use of dichotomy, first from the fact that a causal relationship point ofview, is primarily concerned with the conditions of the problem, followed by a causalrelationship from the legal point of view, the main points are about relative issues.When talk about facts causation, the key is to establish a scientific method for theidentification of the causal relationship between the facts found to be scientificknowledge, and then when identify in the law of causality, mainly is the relativecausation theory, theory and predictable regulatory purposes as the guidance.Meanwhile this paper, with the specific case, different countries elaborated theory ofcausation and causal relationships identified using our doctrine, the use of relevanttheory analysis, and finally describes some of my own knowledge and views. Thesecond part from the specific fact causal relationship to study in medical damagesCausation. The main problem to identified the fact is that causation is uncertainty,which divided the medical establishment liability for damages or not, mainly explorethe existence of objective links between health behavior and results from the damagecause, describes the standard of its judgment, at the same time through a combinationof practical decision rules for each specific case and the mutual use and contactsbetween the practice were discussed. The third part is from a detailed legal study toidentified a causal relationship in medical liability for damages causation, describesthe standard of its judgment. Legal causation is able to accurately identify the size oflegal responsibility, the use of a considerable causality theory and the theory ofpredictability in judicial practice for a causal relationship to analyze and judge playsan important role. Judges according to their subjective values and experience of sociallife measure in specific cases to determine which should be concerned，not only thefacts themselves while the social values of fairness and justice on the basis of medicaltort evaluated. The fourth part is the conclusion, including the lack of writing thisarticle and summary. In today’s increasingly complex medical disputes background sosharp, explore liability for damages in medical causation theory is a strong practicalproblems and targeted, through the analysis of these theories for damages in medical liability cases in the specific application, according to the uncertainty of causality, Ithink that in the actual case for causation should be divided into two levels, the first isthe findings of fact, the second is evaluation of the law, while analyze specific issues,absorbing, development meet the actual needs of causation theory, the understandingand application of the theory of causality in practice finds liability for civil damagesand reasonable fair justice to award damages in cases of medical is very significant.