On The Identification Of Excessive Medical Infringement Liability

In recent years,the problem of excessive medical care has received much attention.The promulgation and implementation of the Tort Liability Act of 2010,excessive inspection of this excessive medical behavior has also been formally incorporated into the scope of regulation.In order to study the problem of determining the tort liability of excessive medical treatment in judicial practice,the author used the Chinese refereeing paper network to use excessive medical and over-examination,over-medication,and excessive surgery as the key words.In the civil and civil cases,a total of 2011-2018 was collected.In the 8 years of the year,117 cases involving excessive medical disputes were made in China,and the above judgments were analyzed comprehensively and specific cases were studied.The author finds through big data analysis: First,in the case of excessive medical disputes,patients often advocate that the medical party infringes on their informed consent and infringement.So what is the relationship between the two? Secondly,the success rate of over-medical cases is low,and the reasons for this are mainly due to the distribution of burden of proof.In addition,the burden of proof in over-medical cases is different in the judicial practice.The burden of proof in some cases is on the affected party,and the burden of proof in some cases is shared by both doctors and patients.Most scholars and judges hold the view that after the promulgation of the new Tort Liability Law,the principle of fault liability is still applied to general medical infringement.Therefore,it is inferred that the burden of proof should be borne by the affected party.Finally,the over-medical infringement is a highly professional dispute.In the judicial practice,medical identification is often needed.However,through the above data analysis,it is found that the subject of the application for identification and the identification institution in practice have different phenomena.Is it a problem? This paper will analyze in detail the above three points.