Research On The Tort Liability Of Excessive Medical Treatment

With the developments of the society and the improvements of people's living standard,excessive medical treatment is becoming more common.This treatment makes the patient suffer material loss and emotional damage.The People's Republic of China Tort Liability Law,which was promulgated by the the state in 2009,first definitely describe excessive medical treatment.It also expressed the determination to strength legal construction of medical tort.But there are still some problems.For example,the behavior type of the liability of excessive medical tort is too limited.The patient's burden of proof is too much.The measure of overtreatment is ambiguity.Meanwhile,the health-care system and the damage compensation system can not be fine-tuned.Lots of experts and scholars propose certain improvement suggestions.Some of the experts support that revising the tort law;some of them agree to legislate judicial interpretation based on social reality;others approve of perfecting the relevant laws.In my opinion,besides the legislative and judicial aspects should be included,the effective measures is to review and apply medical laws reasonably according to social situation and the natural of all the problems.This paper will analyse the excessive medical treatment with six parts,consisting of the background,aim and significance of the research,and the current status in China and abroad.Through analysis and comparison,some of the natural conclusion are obtained,some questions deserve thinking about also be raised;expounding the similar concepts by comparative analysis,the differences between legal regulation and medical environment,and the legal natural of excessive medical treatment will also be discussed between the breach of contract and infringement;discussing the fault principle and presumed-default liability apply to excessive medical treatment in jurisprudential circle and medical field;analysing the methods of bearing liability about excessive medical treatment through the main scope of application and the methods of bearing liability;concluding the present legal situation and issue of excessive medical,therefore,completing the suggestions on the basis of the fifth part----to refine the behavior types,introduce the Moderate System of Evidence,the uniformly application of Judicial justice system,the authenticator's responsibility system and the application of full compensation rules and the refining of criterion indemnity.