Study On The Application Of The Principle Of Fault Liability For Medical Injury In China

Medical injury dispute has always been the focus of attention of all circles of society,and there are many difficulties in the treatment of this type of dispute in judicial practice.The complexity of medical activities and determine the technical itself has considerable risk,in the process of diagnosis and treatment of inevitable there will be a lot of sudden situation,in patients undergoing treatment for different degrees of damage.As the development and progress of The Times,the quality of citizen is constantly improving,the legal system consciousness has been strengthened,more and more people will choose the law as a weapon of protect their legitimate rights and interests,which makes the number of medical disputes damage is high.After the tort liability law enacted in our country,the fault principle as general imputation principle of medical liability for damage,is conducive to ease the doctor-patient relationship between patients and medical institutions,balance the interests of both sides,and is of positive significance for the settlement of the dispute.In the new legislative background,when studying the principle of liability for medical malpractice,we should take into account not only the basic interests of the patient,but also the public welfare and inevitable invasiveness of the medical act itself.Therefore,it is necessary to study the use of the principle of liability for medical injury in our country from the relevant basic theory,because all ideas that are divorced from the essence can only be empty talk.Therefore,it is necessary to study the use of the principle of liability for medical injury in our country from the point of view of the relevant basic theory,because all the ideas that are divorced from the essence can only be empty words.These problems are the reasons why the principle of fault liability for medical injury which directly affects our country can not achieve the desired effect.Only by making corresponding improvements at the national level and solving the main problems in a specific way can the principle of fault liability for medical injury reach the desired effect in resolving the medical injury disputes in our country.Through the study of this article,from the system and the specification of better solve medical disputes damage,ease the doctor-patient relationship,the harmonious doctor-patient relationship and the construction of harmonious society to play an active role.