On Excessive Medical Tort Liability

With the development of science and technology and the improvement of people's living standard,people pay more attention to health problems.Although the medical dispute is a common problem for the world,but China is particularly serious.Especially the excessive medical disputes over the years has been the champion,but not by the door to find a good solution,until 2010 the promulgation and implementation of the "tort liability act",only in the sixty-third article mentions the excessive medical treatment,but only limited to the excessive examination,not the provisions of other types of excessive medical treatment,which is hard to practice the embarrassing situation.Therefore,this article from the perspective of law,the analysis of the problem of excessive medical treatment and put forward a sound proposal.This article is divided into five parts:The first part: the general theory of excessive medical tort liability.First,we must clear the meaning of excessive medical behavior.Secondly,clear excessive medical behavior,current theories are contract,tort and so on different points of view;furthermore the excessive medical treatment and proper medical care,Defense Medical and medical negligence is different,in order to better understand the excessive medical treatment.The second part: the analysis of the principle of liability for over medical tort liability.In this part,from the three aspects of the principle of liability for fault,the principle of no fault liability and the presumption of fault liability,the purpose of this paper is to seek the optimal rule of the principle of excessive medical treatment.The third part: the constitutive requirements of excessive medical tort liability.First,clear the main responsibility;secondly,clear the main responsibility of infringement behavior,infringement and subjective fault of tort;furthermore cause the patient's damage;finally the causal relationship with the consequences of the damage is excessive medical action caused by the.he fourth part: the legal consequences of excessive medical tort liability.This part is to solve the problem mainly includes three aspects: first,take shape to solve the excessive medical tort liability,that is to solve the circumstances under which medical institutions bear tort liability,the circumstances under which medical staff responsibility,medical institutions shall bear supplementary liability;secondly,clear the scope of compensation,the excessive medical tort damage caused by the consequences personal injury,property damage and mental damage,damage to the full compensation or compensation,is part of the compensation and other issues;third is the exemption,the medical behavior has a strong professional,and the risk of it is very high,so not to discuss the cause in the special medical conduct special cases of medical the contrary to the medical treatment results whether should bear responsibility for the problem.The fifth part: analysis of the deficiencies of China's legal provisions on excessive medical behavior and suggestions for improvement.