Research On Therapeutic Privileges From The Perspective Of Tort Liability Law

The "Law of the People's Republic of China on Practicing Physicians" has stated clearly the rights and obligations of physicians,which includes the comprehensive rights enjoyed by physicians in the course of practicing.The right to treatment is the basic right in physicians' duties,and therapeutic privileges is the right of a medical practitioner to dispose or without the consent of the patient in certain special circumstances,it should theoretically be considered as the special circumstances in which physicians exercise the right to treatment.Our law does not yet recognize the independence of the legal status of therapeutic privileges,insteadly the legislation broadens therapeutic privileges as supplementary provisions for informed consent of the patient.Through the introduction of therapeutic privileges,this paper clarifies the subject and scope of the exercise of therapeutic privileges,and analyzes the legitimacy and legal status of therapeutic privileges in China from the aspects of theory and law.When we discuss the consequences of-infringement damage and the burden of liability caused by the exercise of therapeutic privileges,I believe that it should be elaborated their special constituent elements of tort liability and should be defined separately the liability of the medical ethics damage caused by it.considering of the special nature and scope difference of therapeutic privileges.After the my study I proposed,in the last part of the article,the regulatory recommendations of the therapeutic privileges in the tort law,i.e.establishing a special authorization system,improving the bLurden of proof system.making clear the rules of dealing with conflict between therapeutic privileges and informed consent.In this way the medical damage compensation system of tort law could be improved and the system of tort law could be supplemented by the rules and regulations.