On The Co-opetition Of Tort Liability And Breach Of Contract Liability In Medical Damage

With the continuous development of society,people's consciousness is constantly enhanced.Medical damages increase year by year in our country,the problems involved are becoming more and more complex.Due to the particularity of medical damages,it has become the focus of study areas,one of the most important thing is the concurrent of liabilities.The concurrence of liability for breach of contract and tort liability has been a difficult problem for civil law.With the two-way expansion of contract law and tort law,the protection of the right of absolute liability and the protection of tort liability are becoming more and more common.The middle field and the scope of competition are also expanding.This paper is divided five parts to discuss the concurrence of the tort liability and breach of contract in the field of medical damage :The first part,the author uses two typical cases of tort liability and breach of contract to start the case and identify problems in the coexistence of responsibility.For example in the case of medical damage liability cases,the patient should know what can be based on to protect their own interests;The court should know the standard and the determination when it judges how to determine the existence of default in the hospital;The second part,the author mainly summarizes the related concepts of tort liability and liability for breach of contract,including the concept of medical damage,the concept of medical damage tort liability and liability for breach of contract;The third part is the core of this article,this part is mainly to analyze the cases.It includes the differences between the application of tort liability and breach of contract,and there also have some practical problems.These differences are mainly reflected in the burden of proof,compensation,exemption;The main problems include the dilemma how to choose for patients,the court how to determine the hospital default and medical identification of the impact of the identification of responsibility;The fourth part is the perfect measures for the problems raised in this article,including the improvement of legislation,the improvement of the burden of proof system,the perfection of the appraisal system;The fifth part is the conclusion of this article and the summary of the full text.