Study On The Tort Liability Of Excessive Medical Treatment

With the continuous development of science and technology, medical technology also developed well, which provides great convenience for people to ask for medical insurance. However, excessive medical treatment problems also came up at the same time. Not only in China, but also in the rest of the world, it has become a general social hot issue, and made the doctor-patient relationship arise again. Under this background, in order to prevent medical institutions to increase the inspection project, increase the patient’s medical cost, our country introduced the tort liability law in 2009, this law relieve the tense between doctor and patient effectively, and also make laws available to excessive medical treatment. However this law only deny the behavior of excessive medical treatment, but didn’t define it. Nor explain the legal consequences of excessive medical treatment. And the legal usage on the violation of "diagnosis and treatment norms" term makes it difficult to apply the law. This article will concentrate on these deficiencies, is committed to solve how to define the excessive medical behavior in a legal way, and the related issues such as legal relief and compensation, the principle of imputation, strive to improve the deficiency in the legislation, the patient’s own interests, to improve doctor-patient contradiction in our country.