China's "tort liability law" promulgated in 2010 after the establishment of the standard of compensation for medical damage and damage liability,to fill the medical damage patients encountered in the medical treatment risk,plays an irreplaceable role in the treatment of medical malpractice disputes.However,in recent years the number of medical malpractice cases increased year by year,especially loss of chance of damage caused by the increasing number of compensation cases.Although the common law countries,Germany,France and other countries as well as the judicial practice of China' s Taiwan region has different degree the loss of chance doctrine,the current law of our country has not yet accepted the loss of chance theory.Therefore,the judicial practice of China and France The official medical malpractice liability disputes,often ignored in the case of loss of the chance of patient factors,and follow the tradition in judgment,and unconscionability.From the empirical perspective,through case study,the existing problems and reasons in combing the trial of such cases,analysis of problem solving path.The main structure is as follows:The first chapter analysis damages judgment data of China's loss of chance.First of all,from the case of the annual distribution,geographical distribution,the case causes,the referee said,the reason of judgment,whether to accept the request for compensation for loss of chance of 6 aspects of empirical data,show the medical damage compensation judgment in the loss of opportunity lack that explains the research necessity.The second chapter,the chance of medical liability disputes in China's loss of status and problems of the theory.Firstly,analysis of China's medical malpractice dispute lawsuit opportunity loss of legislation and judicial practice.Secondly,from the perspective of the legislative and judicial status quo analysis of the current judicial practice in China for the loss of chance cases exist the problem,and we should in such cases for loss of chance theory.The third chapter is the opportunity in our medical dispute litigation loss construction.First of all to the "loss of chance" clearly protected legal interests,causal relationships by using proportional liability principle to judge the cases of loss of chance,once again to clear the case of loss of chance of damage compensation scope and the way finally to prevent the loss of chance doctrine abuse,loss of chance for clear boundary theory in medical lawsuits. |