Research On Legal Issues Of Compensatory Damage In Medical Tort

With the continuous development of health care reform,medical tort has become a hot social issue at present and medical tortious behavior has long been the very much concern of the academic.Medical tort disputes have risen sharply in recent years.the relationship between patient and doctor is growing increasingly tense and the conflict between them was getting worse and worse.Doctors in some place were even attacked by violence.All of these issues make it more difficult to legalize the process of medical disputes.Compensatory damage in medical tort is the contradiction focus while dealing with patient-hospital disputes and solving the Medical tort issues.However,with the consequences of the imperfect laws and institutions about medical disputes,some problems appeared when solving medical disputes.Therefore,we need to make further research and discussion about medical damage compensation. The promulgation and implementation of the tort liability law of the People's Republic of China are unequivocal about the liability for tort of medical treatment,which redefine the medical liability for tort. The regulations about medical damage compensation improve the solutions to the past problems,opening a new era in dealing medical damage compensation.However,The idea that medical disputes can be solved legally and properly can not be achieved overnight.There are still some limitations of regulations about medical damage compensation in tort liability law.At the same time,there are a lot of problems in reality. This paper, combined with the current laws and regulations on handling medical accidents and started with the relevant concepts of medical tort damages,analyzes the problems such as composition elements,the liability principle and the standards and the scopes of compensating damages.In this paper, some ideas and suggestions about formulating and improving the law of medical tort damage compensation as well as other relevant laws and regulations are further proposed.Firstly,This paper analyzes the concept of medical tortious behaviors and the characteristics and principles of medical damage compensation in China. According to this paper,medical tort is a behavior occurs when a medical institution and its medical personnel fail to undertake their obligations in medical activities,which intentionally or negligently causes property damages,casualties or psychic pains of patients.This paper provides the basic theory for proper medical accident damage compensationSecondly,Based on constitutive requirements of medical tort, This paper will discuss about the medical tort imputation principles as well as standards and the scopes of of damage compensation. Solutions in accordance with Chinese actual situation are put forward in this paper.Finally, on the basis of clear responsibility and unequivocal compensation standard, the author thinks that scientific and authoritative medical tort responsibility appraisal and admissibility mechanism should be established.We should promote the development and perfection of the medical tort compensation law and other relevant laws and regulations and provide strong and legal basis for our country's judicial practice dealing with medical accidents.