On The Criteria Of Doctor Duty Of Care

In recent years, medical malpractice cases increased year by year trend in judicial practice, dealing with medical malpractice cases, a key issue is how to identified the medical side of the fault, the fault problem and identified the key is to do a good job physician judgment breach of duty of care."Tort Liability Act" has been promulgated and implemented, which provided for in Article57shall bear the duty of care by medical personnel, medical personnel during diagnosis and treatment, should be adapted to the level of medical treatment. How to correctly judge "when the level of medical care" is the key to determine whether the physician is at fault. In this paper, the physician in violation of the duty of care criteria were discussed. The first part of the article discusses the basic theory of physician duty of care, including the duty of care concept, characteristics, content and physicians a violation of the duty of care. The second part is the extra-territorial physician breach of the duty of care’s criteria, mainly discusses the practice in the United Kingdom, the United States and Japan. United Kingdom is a reasonable physician standard, the United States has adopted a practicing groups, standards, standards of medical care standards in Japan. The third part is the criteria of the physician duty of care under the existing legislation, including the pros and cons of medical standards in the medical level of standard content and judicial practice analysis. The level of medical standards should take into account the regional medical specialty, emergency and medical conditions factors."Medical standards" standard is more abstract, operability is not strong, you need the help of other auxiliary criteria. The fifth part of the judgment, MD breach of the duty of care standards put forward a sound proposal to clarify the medical and health management laws and regulations, administrative regulations, departmental rules and other clinics specification, health habits and practices and medical expert conclusions of these "criteria" and "medical standards" the relationship between the standard, to determine if they identified the role of the physician in violation of the duty of care, breach of the duty of care criteria perfect physician.The author believes that "medical standards" is the general criteria for the breach of the duty of care of physicians, medical and health management laws, administrative regulations, departmental rules specific criteria, some other provision of diagnostic and treatment practices can be regarded as quasi-standard in determining the level of medical treatment "this criterion as a legal reference elements. In addition, health habits and practices, as well as medical expert conclusions as a reference to compensate for the level of medical treatment "standard is too abstract defect, which not only deal with the relationship between the old and the new criteria, but also improve the physician breach of the duty of care criteria. Here I want to note is that the reason these factors are taken into our consideration have played an important role in determining the cases of medical standards, the so-called "medical standards" to determine the standards are mostly from for comprehensive consideration of these factors. However, these factors as a reference does not mean its not indiscriminate overall receiver, but requires the judge to conduct a reasonable review of these factors, these factors are not to judge the standard results of the determinants of medical standards "is the decisive factor in determining criteria. So will be able to overcome the standards of the medical standards at the same time to solve these standards conflict abstract defects.