On Determination Of Medical Negligence In Traditional Chinese Medicine Pratices

In recent years,with the development of medical science and continued strengthening of legal senses among the people,the medical disputes on traditional Chinese medicine(TCM)are continually growing.It becomes critical for us to correctly understand how the medical negligence of TCM and corresponding legal liability should be determined,as well as how we should solve the medical disputes properly.In view of this,we will take the determination of TCM medical negligence as our subject,and discuss in this thesis about the existing problems and propose our solutions.In addition to the "Introduction" and "Conclusion",the thesis consists of three sections.Chapter I,"Present Status of Determination of Medical Negligence in China",reviews the present status that currently the medical negligence determination in China has adopted the objective criteria,which requires doctor's diagnosis and treatment actions should meet the duty of care of a Reasonable Doctor,and otherwise there will be medical negligence.Regarding the duty of care of a Reasonable Doctor,it is defined in tort law as "the medical diagnosis and treatment obligations corresponding to existing medical level".But since the judgment criteria of “existing medical level” is too vague,so usually relative laws,regulations and medical standards are taken as references when determining medical negligence in practice.And the violation of medical ethical regulations is taken as the judgment criteria for medical ethical negligence.Chapter II,“Determination of Medical Negligence in Traditional Chinese Medicine”,analyzed some actual medical dispute cases,and draws the conclusion that,to take medical standards the same as “existing medical level”,though it can help quickly solve the medical disputes,it can hardly reflect the specialty of the theories and treatment practices of the TCM.The current medical standards cannot cover all the TCM practices,and cannot be taken as the practice model of a “Reasonable Doctor”.Secondly,due to the specialty of the theories and the treatment practice of TCM,the judgment criteria of the obligation of treatment information disclosure are not clear now.Finally,regarding the identification of TCM medical injury,either the organization of medical experts,or the judgment criteria is conducted under Western medicine standards,and the special characteristics of TCM is not necessarily addressed in the process.Chapter III,"Establishment of Proper Medical Negligence Determination System for Traditional Chinese Medicine",firstly recommends medical legislation and promotes the standardization of TCM,so that TCM both can preserve its unique theories and practice systems,and also can establish a set of feasible standards for TCM doctors.Secondly is to clarify the duty of care of a Reasonable TCM Doctor.A TCM doctor must have professional knowledge of his or her specific practice field,and performs proper duty of care same as other doctors with the same medical level.And he or she should enhance the duty of treatment information disclosure to the patients.Finally is to effectively utilize traditional Chinese medicine experts in the identification and determination of medical negligence.