On The Judgment Of Medical Malpractice In Cases Of Medical Damage Liability Disputes

Medical fault belongs to the category of fault.Based on the inaccuracy of doctor-patient relationship in the medical industry and the need for high-risk practice,it is different from the concept attribute of other general infringements.It is defined as the situation that causes injury to patients and thereby leads to damage to property rights and interests on the premise of breach of the duty of care necessary.From the two major legal systems abroad to the domestic scholars' research on medical faults,the emphasis is different.The common one is that faults are a violation of established legal obligations.From the analysis of the time and space dimensions of the theory of medical fault liability,the traditional theoretical research lacks verification in practice,and the operability and practicality are weak.The tort liability law in China defines specific chapters for medical infringement disputes,for example,the advanced achievements of theoretical research,such as duty of care and medical level have been included into our tort liability law,and also have played an important role.However,the apprehensions of judges still have the fuzzy understanding of the conceptual boundaries of the medical level and the medical routine,and they need to combine the tort liability law in the identification of medical faults for a specific purpose.According to the characteristics of medical activities,starting with the requirements of the level of medical institutions,the physique characteristics of the medical personnel themselves,and the consideration of the medical level at the time of diagnosis and treatment,four ways to use the appraisal conclusions provided by the third party professional organizations to make the subjective and objective factors which need to be considered in the process of imputation of medical malpractice clear and try to make the abstract theory applied to the real life of medical infringement dispute cases.In the judicial practice,it is more practical to clearly define the responsibility.