Excessive Medical Tort Liability Of Practical Research

The primary stage of socialist market economy in China is an important period in the economic transition.Because of the environmental background at home and abroad,the reform of the medical system has been carried out.Medical institutions appeared on the market,and the income of the hospital not only from state financial appropriation,but also from the process of examination,medicine,surgery,nursing more often time.Meanwhile,the hospitals use those income to support themselves.Therefore,in order to increase income,hospitals often do more excessive medical behaviors.In our country,laws and regulations on excessive medical behavior are insufficient,the only expression is in July 1,2010 the implementation of the"tort liability law"article sixty-third,the unnecessary checking behaviors have been defined as excessive medical behavior.However,there are many excessive medical behaviors that have not been defined in the judicial practice,such as the excessive use of drugs,surgery,excessive care,long term hospitalization.The professionalism and concealment of the excessive medical behaviors,which make the trial court feel confusion,lead to the results that most of cases are ended by the hospital-won.It reveals that the laws can't play its role in the judicial practice.This article focuses on the difficult and controversial issues about excessive medical behaviors.In order to give some suggestion on the definition of excessive medical behavior,the identification of excessive tort liability and the application of medical appraisal opinion,the author collected nearly 86 medical tort cases from 2011 to 2017 on network.Based on the existed laws and data analysis,the author hopes that the court can use the theory about tort liability on thejudicial practice and make the justice judgments.