Research On Legal Issues Of Excessive Medical Care

Excessive medical care has existed for a long time in China,In Article 63 of the Tort Liability Law issued in 2010 in China,it is stipulated that the doctors may not implement unnecessary medical examinations.But sadly,this articles of law is difficult to put into practice for various reasons.The paper takes excessive medical care as the research direction,and puts forward its own suggestions for the improvement of excessive medical legal regulation through the study of relevant theoretical and practical issues.This thesis,based on reading relevant theoretical research at home and abroad,combining with the actual situation in China and using literature research method,analytical data method,case analysis method and other research methods to study and analyze the legal issues related to excessive medical care.First and foremost,it introduces the relevant background of excessive medical research,states the theoretical and practical significance of excessive medical research,and sorts out the theoretical and practical research on excessive medical care by domestic and foreign scholars.Besides,it analyzes and studies the relevant theoretical knowledge of excessive medical treatment,and compares the concept of over-medical with the concept of defensive medical treatment and moderate medical treatment,thus summarizing the characteristics of excessive medicall and defining its concept from the legal point of view,and analysis of the manifestations and causes of excessive medical care.What's more,it analyzes the identification of excessive medical care and clarifies that its constituent elements are the existence of excessive medical treatment by the hospital,the hurt suffered by the patient,the causal relationship between the excessive medical behavior and the damage,and the fault of the hospital;clarifies the subject of responsibility,the way to take responsibility and excuses of excessive medical care.Last but not least,mainly from the three aspects of excessive medical care law applicable standards,the burden of proof of excessive medical care and the identification of excessive medical care,China's current deficiencies in the legal regulation of excessive medical care and suggestions for improvement are proposed.At present,in China,there are still cases of excessive medical carae in the process of medical diagnosis and treatment.Through shallow research and analysis on legal issues related to excessive medical care,we hope to contribute to the problem of excessive medical care...