Theory Of Excessive Medical Tort Liability

Excessive medical treatment is common in our life, but because it has the characteristics of concealment, professional, and cannot attract the attention of the patient. The “Tort Liability Law of The People`s Republic of China” in 2009, it is first time to introduce the excessive medical resources, although fill the gaps in law about this problem, but on the other hand,the rule still exists many problems. Therefore, under the above background, the author spin silk cocoon, layer upon layer uncovered the veil of the excessive medical treatment and put forward the solution of related issues.Chapter 1 defines excessive medical behavior. First is conceptions; next is its behavior, and analysis of similar behavior, including appropriate medical treatment, diagnosis and treatment optimization, defensive medicine, etc; finally is the excessive medical behavior properties of cognizance, analyzes its belong to breach of contract or tort, the author finally defines it as tort.Chapter 2 is about the cognizance of excessive medical tort liability. The first is constitutive requirements of tort liability, including behaviors, damage fact, causality and subjective attitude; the second is on the current appraisal in medical damage model.Chapter 3 is the excessive medical tort liability law applicable status and inadequate. First present situation mainly includes the adjustment range, the compensation scope ground, imputation principle, defense and relief; followed by the deficiency, to generalize the main behaviors of narrow, imputation principle is not perfect, and medical damage of appraisal model, etc.Chapter 4 is about excessive medical tort liability legislation perfect suggestion. The author thinks, first should comprehensive regulation of excessive medical behavior; secondly, we should perfect the imputation principles; again, introduction of proof responsibility, finally, try to perfect the medical insurance system.The innovation of the article: first, the author summarizes the controversy in current academic circles; put forward their own views, such as whether excessive medical behavior should be restricted to the tort liability act of “unnecessary”, the author proposed the law should be as far as plssible, containing all the way; secondly, the author integrated the research trend at home and abroad, put forward the ease of proof responsibility system, which can be both doctors better balance status; finally, the author of the current medical damage appraisal pattern existing shortcomings of suggestions, in order to better cope with the weak disadvantage. In addition, the focus of the article is to analyze the “degree” of excessive medical treatment, only accurately define whether it belongs to the excessive, so has the after article discusses the necessary.