Analysis Of Medical Tort

Nowadays, medical accidents has gradually become a major issue in the development of our country health enterprise. Although our country has adopted in 2002 "byelaw of medical accident treatment", but the rules are relatively simple, single, and it has been 13 years, in recent years, with the development of medical technology, more and more new phenomenon, a lot of problems is beyond the contents stipulated in the regulations, need further specification.At present, the academic circles discuss medical accidents related problem, usually the tort liability as the main way of civil liability shall be investigated for medical treatment. Therefore, further strengthen the understanding of the tort liability in medical events, to study the health event related responsibility system is of great significance. But, from around the world at present, countries in view of the malpractice and involve the legal responsibility of related theory and practice, there are large differences, relevant legislation and regulations are not clear enough. Therefore, this article from the concept of medical accident and medical malpractice tort liability and the characteristics of specific problems in some of the foundations of the medical malpractice tort liability. Then, by comparative analysis, sum up and the method of historical research, through the development process and status quo of domestic and foreign medical accidents are comprehensively analyzed, and the world compare the different legislative form of medical accidents, combining with the current situation of our country related problems and feasibility of elements, thus for our country medical accident responsibility shall be investigated for legal practice of the rationalization proposal is put forward.Duty main body is divided into six parts: the first part, introduce the definition of medical accident, from the different concepts, the definition of different countries in the world in the field of analysis, compare the medical accidents in our country to define and confirm the relevant contents of discussion of the definition of medical accident and the applicable law. The second part, introduce the nature of medical malpractice. From a comparative perspective to objective analysis of medical accident liability nature, through to the domestic and foreign academic circles responsibilities for medical accident several mainstream views of the nature of game analysis, combined with the nature of medical institutions in China, legal liability, medical service mark, etc., determine the applicable medical malpractice tort liability in our country. The third part, imputation of medical accident, medical accident imputation principle determines the components of medical malpractice, the principle of liability and compensation method, the core issue of responsibility. Draw lessons from domestic and foreign academic circles about medical accident imputation's point of view, the provisions of the relevant legislation in our country, analyzes the applicable fault-presuming principle as the principle of the rules of medical accidents. The fourth part, it is proof of medical malpractice tort liability. From both doctors medical events in places such as wrong for a range of factors, this paper combines the provisions about the civil action evidence in our country, the relevant provisions on the inversion of burden of proof, draw of our country medical accident onus probandi inversion. The fifth part, introduce the medical accident liability of tort liability, mainly about the application of the judicial practice in our country, this paper refer to foreign law point of view as a supplement. The last part, this paper introduces the legislation of medical malpractice, from aggravated criminal punishment, according to the degree of fault, extend the statute of limitations, improve the compensation standard, establish the insurance system analysis, highlight the importance and necessity of legislation of medical accidents.