The Legal Liability Of Negotiorum Gestio Medical Behavior

This paper, based on the dispute between the doctor and patient relationship, proposed the issue of negotiorum gestio medical behavior for its legal liability. Focused on the legal liability assignment about the negotiorum gestio medical behavior. Firstly,this paper strive to distinctly define and analyze the crossing filed between the negotiorum gestio system in civil law and the medical behavior in science, and explain the possibility of establishment of negotiorum gestio medical behavior. secondly, this paper explicit the constitutive requirements of negotiorum gestio medical behavior, Whether managers have to be particular subject or not, note the differences between the duty of care managers and care of professional medical practice. finally, this paper insist that, when coming to the modes of legal liabilities of managers, we should fully concern the social benefit of medical assistant, due to reasonable issues, such as the limitation of medical knowledge,unmeasured total control of medical behavior, the uncertainty reaction of human body,and the inherent risk of the disease itself. When distribute the legal liabilities, based on the reasonable definition of negotiorum gestio medical treatment behavior.First of all, In carding negotiorum gestio system theory and the legal scholars definition of the legal nature of medical action in civil, medical treatment behavior of negotiorum gestio could put forward. Clear the establishment of negotiorum gestio, its management behavior must be medical care behavior.Secondly, this part focus on the analysis of the constitutive requirements of negotiorum gestio medical treatment behavior. According to Taiwan scholar, professor Wang’s theory about the type of negotiorum gestio, this paper distinguish traditional legal negotiorum gestio medical behavior from Negotionrum gestion.Finally, this paper Analyze the legal responsibility of medical treatment behavior of negotiorum gestio. Such as management fees in different types of negotiorum gestio, the manager’s special commitment(whether the manager should continue to live up the management obligation), when personal injury or casualty situation or other circumstances accuses, how to fulfill the legal rights and allocate responsibility of the two parties.In this paper, the author references the allocation theory of medical risk responsibility in Taiwan of China and the United States. As to the legal liability of medical behavior which established negotiorum gestio, the author views as follows: physician or someone who has medical knowledge of the public, not only fulfill the obligation and the necessary duty of care as manager, but also avoid infringement of “himself”(refer to “patient”, who benefit from the management).