Research On Medical Technology Negligence

With the rapid development of medical technology,the problems involved are becoming more and more complex and difficult,and the medical malpractice brought about the continuous deepening of medical negligence.According to Professor Yang Lixin's theory,the liability of medical negligence can be divided into three parts: the liability for negligence of medical products,the liability for medical malpractice and the negligence of medical technology.The negligence of medical technology has the highest frequency of occurrence.The definition of negligence of medical technology as the starting point of this article.According to the successful legislation to analyze the responsibility of medical technology fault liability,judgment criteria and post-judicial identification and other issues on duty.The establishment of a reasonable medical technology fault forensic system to make harmonious doctor-patient relationship.This paper consists of the following five parts:The first part is the introduction,which expounds the particularity of medical negligence.The significance of the research on the medical technology fault by Professor Yang Lixin can lead the second part.The second part is an overview of the theory of medical negligence,which mainly studies the basic problems of medical negligence.It includes analyzes of the legal concept,characteristics,scope of application and the path of responsibility.The third part is about the duty of medical technology negligence,leading technology in the field of medical attention obligation to perfect the theoretical duty of continental law system.This part explains the duty of care and judgment about medical technology negligence.The fourth part is the standard to judge the negligence of medical technology,the standard mainly rely on the establishment of clinical pathway to improve itself.The level of hospital should be considered to distinguish the cognitive ability and technical level of medical personnel.And some other principles should be considered at the same time.It is necessary to take into account many factors in the judgment standard of medical negligence.The fifth part is the optimization of judicial identification system of medical technology negligence.Comparative analysis of the pros and cons of foreign medical negligence identification system will be presented in this part.This paper puts forward some feasible suggestions on how to establish a fair,convenient and efficient system of medical negligence forensic expertise.