Research On The Non-medical Malpractice Damage Liability

In China, the damage of medical malpractice has been used as the key to solve the increasingly sharp doctor-patient relationship for a long period, which we promulgated the "Regulations of medical crash handling"to regulate. As an integral part of iatrogenic damage, Non-medical malpractice damage is generally regulated in "Tort liability act", however, these provisions can not fully meet the needs of people in iatrogenic medical activities.Non-medical malpractice damage and medical malpractice damage have obvious differences in the results of damage, the imputation principle, subjective elements, and illegality of iatrogenic treatment is no longer the basic element of non-medical malpractice damage. The author thinks, in order to alleviate doctor-patient disputes, it is necessary to analyze and generalize the non-medical malpractice damage at the legal level,"Tort liability act" made the relevant provisions for iatrogenic damage. As one of the basic forms of iatrogenic damages, Non-medical malpractice damage should apply to the "tort liability act". However, non-medical malpractice damage has its own peculiarities. In this paper, the author uses the method of using references, comparative analysis and legal value analysis to summarize non-medical malpractice damage systematically. In recent years, contradictions and disputes between doctors and patients are increasingly intensified. The author hopes that the research on the non-incident of malpractice liability could provide theoretical support and reference for the future treatment of powerful medical damage dispute case. The purpose is to accurately define the rights and obligations of both doctors and patients to resolve conflicts.