Researching On The Fault For Medical Malpractice

A Doctor′s duty is cure the sickness to save the patient. Medical treatment often with invasive, so to better protect the interest of patients, we must pay attention to the doctors behavior specification. These years with the improvement of awareness about their rights, People pay more and more attention to protect their rights. When medical accident occurs, people more often chose to file a lawsuit. This article is researching on the fault of medical malpractice, the main purpose of this article is to clear the standard of medical fault, analysis the burden of proof of medical fault to ease the doctor-patient relationship, effective protect the patients′ rights and interest, and prevent excessive medical prescriptions. In this article we combining foreign related fault determination, certificates and defense, and with reference to our country’s present legislation and theoretical research, analysis and research of medical treatment fault related issues.In this paper, in addition to the introduction and the conclusion of the last chapter is divided into four parts, with more than thirty thousands words:The second chapter introduce the basic theory of medical fault. First introduces the concept and form of fault in the tort law, according to the related theory of general faults, discusses the concept of medical fault, clarify the main responsibility and standards of medical treatment fault.The third chapter is the evolution of "fault" in legislation of medical damage in our country. Recommend the legislation of medical treatment fault in our country, point out that the legislative loopholes, to analysis of below ground.The fourth chapter introduce the standard of medical treatment fault and how to prove it. Analysis the current standard of our country medical treatment fault, a analysis theoretical significance of handler formula, put forward the suggestions of medical fault standards. And through studying the distribution of burden of proof in foreign medical fault, puts forward the shortages of distribution of burden of proof in our country medical treatment fault, proposed we should adopt extraterritorial legislation, shall practice a system of the burden of proof to ease.The fifth chapter discusses the justifications of medical fault. Analysis the patients’ “informed consent “ right and acceptable risk defense and so on. Application some related issues that should pay attention when use the medical treatment fault defense, to prevent the doctor excessive abuse.