Jurisprudential Analysis On American Medical Damage Liability System

The medical field is full of risks,The development of medical science has resulted in many incurable diseases being cured,But at the same time,the use of new technologies has brought more medical risks.The system of medical damage reveals more and more malpractices and has become unable to afford to ward off deteriorating relations between doctors and patients.The issue of relief for medical damage has drawn widespread public concern.The system for medical damage in the United States has a long history and rich practical experience.The system is based on the fault liability of medical tort,the medical liability insurance as the core,with no fault of medical liability as a supplement.Three systems work together to maximize the rights and obligations of both doctors and patients,and serve to ease the contradiction between doctors and patients,ensure the safety of patients,and promote the steady development of health care.Medical malpractice in the United States has a history of more than 170 years.Based on the principle of correcting justice,medical malpractice has always played an important role in the medical damage liability system.However,since the 1970 s,the U.S.medical liability insurance system has experienced three crises.Therefore,the United States has formulated a series of reform measures,The United States realized that the original reform under tort law could not handle medical disputes and started a no-fault medical liability reform under the guidance of the law and economics theory,gaining a lot of experience in system design and legal practice.The system of responsibility for medical damage in the United States serves as a reference for our country.This article is divided into five parts:The first part is an introduction,introducing the background,significance,status quo,methods and innovations.From the second to the fourth chapter,I make an analysis of the medical tort liability,the medical liability insurance system and the non-fault medical liability system in the United States.The last part is the enlightenment of the United States to our country.