The Standard Of Medical Negligence In Our Country Ought To Be Revised

Medical negligence is the heart of the medical damage tort liability, therefore，how to identify the medical negligence on the key issues to determine the medicaltort liability. Although, in2010the formal implementation of the “the People’sRepublic of China Tort Liability Law”(hereinafter referred to as the “tort liabilitylaw”) form to provisions of the liability for medical damage, the problem has beenwell received by academics and practitioners concerned about the medical liabilityfor damage to the core issue—finds that medical negligence is still not clearlyspecified. The lack of scientific and practical standard medical negligence, The judgeof medical lawsuit hasbecome rely too much the appraisal conclusion, Lead to determine the rights ofmedical negligence liability loss outside the law. From the definition of medicalnegligence begin, by case retrieval methods to analyze the main sticking point inmedical dispute in modern society, Contrast the foreign medical negligenceidentification theory, Introduction Hand Formula as a judging standard, Analysis ofits feasibility in China and Suitable for the localization of China’s national conditionschange. Analyzing the moral defects and difficulties that the formula exists, to refineit and to propose to be used in the current health care system in which the judgmentof the negligence.