Research On Tort Liability Of Excessive Medical Treatment

Excessive medical treatment is not new to people.We often hear this word when we surf the Internet or watch the news on our mobile phones.Medical behavior has become more and more serious over the years,which seriously infringes upon people's personal and property rights.Obviously,it has become one of the major causes of social conflicts.At the same time,due to the specialty,concealment,particularity and other characteristics of the medical industry,as well as the serious deficiencies in legal regulation,this phenomenon cannot be well contained and improved.Therefore,to solve this problem,we need to improve it from the legislative and judicial levels.From the perspective of excessive medical tort liability research,this paper can be roughly divided into the following four contents: first,analyze the relevant jurisprudence of excessive medical treatment.It mainly analyzes and introduces its concept,legal nature and manifestation,and carefully distinguishes it from moderate medical treatment,defensive medical treatment and medical accident.Secondly,it introduces the identification of tort liability derived from excessive medical behaviors in China,and mainly discusses the constitutive elements and imputation principles of excessive medical behaviors from the perspective of civil tort.Third,the article discusses the way to bear the liability for excessive medical infringement.From the perspective of civil infringement,the article discusses the scope of the subject,the way to bear the liability for excessive medical infringement,and the grounds for exemption from liability.Fourthly,this paper gives an overview of the existing legal provisions on excessive medical tort liability in China.Through the analysis of these laws and regulations,the author finds out the deficiencies and puts forward some Suggestions for improvement.Article uses literature research methods,comparative analysis and other methods to try to study the problem of excessive medical treatment from a legal perspective.It is hoped that my relatively superficial research can promote the development of tort law and attract the attention of the relevant personage,so that it can introduce a series of related measures to regulate excessive medical problems,thereby promoting the healthy and orderly development of the medical industry.Different from the discussion of the previous issue in the study of excessive medical tort liability,the creative result that can be expected in the article is that the problems in the excessive medical tort liability are systematically integrated,and the scope of the excessive medical tort is redefined through the system connection,thus solving some difficult problems in the excessive medical tort liability.The research on excessive medical treatment is an inevitable requirement for the healthy and orderly development of China's medical industry.On the one hand,it can enrich the legal theory of excessive medical tort.On the other hand,it can balance the interests of doctors and patients,ease the contradictions between the two sides,and is of great significance to the stability of the society.