Legal Analysis Of The Co-opetition Of Medical Damage Liability

Due to the professionalism,complexity and inequivalence between the two sides,the cases of medical disability compensation have always become a diffculty in trial of judicial practice.In recent years,with the development of market economy and medical undertakings,some new medical activities different from the traditional treatment for the purpose of treatment have been appeared.Confronting with different types of medical disputes,how to claim damage claims for patients' benefits is worth pondering.Doctor-patient relationship is a relationship of medical service contract.Generally,the medical behavior has a strong personal characteristic.Once the medical side's fault behavior result in the damaged body.Moreover,the medical behavior conforms with the elements of infringement.In view of that in many ways there are differences between the medical damage liability and tort liability,after the occurrence of medical negligence,the parties' choice of which responsibility claims for compensation will have a significant impact on the substantive rights.At present,most medical damages cases in practice have been chosen to be sued by tort liability because the tort liability law has a clear and specific stipulation on the liability of medical damages.It seems that medical dispute choice is more favorable for tort liability,but there is also insufficient liability for infringement,which is not the best way to solve all medical disputes.It is a good choice for the noncompetitive medical treatment activities with contract right to breach of contract.However,due to the imperfection of the relevant provisions of our country's legal liability for breach of contract,there is an imbalance between the choice and application of the two liabilities under the concurrence.The first part of the paper introduced a case of medical damage liability dispute.Through the case analysis,the focus of the dispute was determined,confirmation of responsibility and legal application were discussed.In the second part,the comparative of the breach of contract and tort liabilities was analysed.The differeces of breach of contract and tort liability of medical damage were studied in these respects including principle of imputation,way of liability,and so on.The respective advantages of the breach of contract and tort liabilities in dealing with different types of medical have been discussed.The third part was the introduction of different treatments of the the concurrence of liability in foreign and China.The way which is more suitable for Chinese national conditions was discussed.Based on the comparative analysis of the previous theory and practice in the last part,the ideas of solving concurrence of liability problems related to medical liability were proposed.According to the different types of medical activities,the difference applications of the breach of contract and tort liabilities were proposed;The scope of medical damages liability for breach of contract and recognized standards were more clearly established and be changed from concurrence of liability to the integration of responsibility for meeting the problem of choice of more appropriate ways to make patients more fair,reasonable and efficient compensation in different types of medical damage compensation cases in concurrence of liability,while the resolution of medical damage and the healthy development of doctor-patient relationship were promoted.