| It is not difficult to deduce from paragraph 1,article 58 of the Tort Law that our courts should be more inclined to objective standards in determining medical mistake,and diagnosis and treatment norms will become an important criterion to identify medical mistakes.One of the presumption of medical mistake in paragraph 1,article 58 of the Tort Lawshows that our courts should be more inclined to objective standards in determining medical mistake,and diagnosis and treatment norms will become an important criterion toidentify medical mistakes.However,there is little research in theory and practice as to the concept of medical treatment norms and how to apply it in the process of medical fault identification.And in fact,it is difficult to apply medical treatment norms in the process of medical fault identification.To solve this problem,the author thinks that the meaning and standard of the diagnosis and treatment standard should be clarified firstly.Secondly,it is good to use evidence-based medical evidence to choose the application standard.The research object of this thesisis how to use the medical treatment regulations correctly and give full play to the role of diagnosis and treatment in the process of medical mistake identification.Firstly,the author discusses the concept of diagnosis and treatment.And then the author introduces the definition and standard of medical fault in China and foreign countries.Then,the limitation of medical treatment standard in medical fault identification is analyzed in the thesis;Finally,the author puts forward the corresponding countermeasures for the limitation of existence.The innovation of this thesis is to discuss the limitations of diagnosis and treatment norms in the identification of medical errors and put forward the corresponding measures.At the same time,the author puts forward the restrictions on the application of medical treatment norms,which is conducive to the further development of medicine. |
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