Research On The Identification And Commitment Of Excessive Medical Tort

Since "5500000 astronomical medical expenses" case occurs again in 2005,opened a scar "overtreatment" of the medical profession.Face the lack of specific laws and regulations,lax medical institutions,institutional mechanisms,lack of medical ethics,overtreatment popular,emboldened,the escalating conflict between doctors and patients.Our country was in the "Tort Liability Act," Article 63 to make a normative provisions on "unnecessary check",but because of its ambiguity,vague nature of the law so difficult to produce the desired effect and role in real life.Specifically,the questions focused on: first,excessive medical certification process is missing.Second,assume responsibility for specific systems built over medical absence.Therefore,this article focuses on the legal level to explore the nature of the attribution overtreatment,identification procedures and responsibilities in order to build theories and systems through to solve overtreatment this criticism.Compared to related concepts to understand the meaning of overtreatment and analyze the sources of excessive medical claims from both theoretical and practical point of view,and then through the classification of its manifestations,to analyze their specific because of the specific problem-solving ideas provided below.At the same time that the focus will be medical and legal measures to integration,with "a combination of subjective and objective" principle to solve the problem of medical evaluation standard positioning,with the Medical Association and the Court of dual Group of Experts way to solve the medical evaluation of procedural justice and substantive justice justice issues.These criteria and the proposed design of the system are the highlights of this article.And by identifying the subject,finds the program,identified three levels of supervision,will implement the theory,it has normative and operability.The responsibility belongs to the construction of legal norms to build the core of this article highlights.In the second part of the legal and medical integration to solve the difficult problem of excessive medical identified in this section,through specific commitments to build the main responsibility attribution,the burden of proof vest,the amount of compensation is calculated,standardized disclaimers that overtreatment in the "Tort Liability Act " further refinement than 63,reflecting its special treatment and general medical malpractice,making excessive medical categories of cases according to the law,in the future,it will help such cases in practice operability.