A Research On Defensive Medicine Tort Liability

Defensive medicine was first introduced by American scholar Tancredo LR in the Problem of Defensive Medicine on the Science magazine in 1978.Defensive medicine is intentionally or unintentionally added medical activities of no use in order to protect doctors from medical disputes.Along with the increasingly strengthened doctor-patient relationship,defensive medicine has become popular in China,but the knowledge toward the threat and tort liability of defensive medicine is far from enough.In consideration of that,this thesis intends to take defensive medicine as a research object and put forward some shallow opinions on medical tort liability.Apart from Introduction and Conclusion,the thesis consists of four parts:Chapter I,Concept and History of Defensive Medicine,focuses on definition and nature of defensive medicine.Through analyzing different explanations of defensive medicine by several scholars,the thesis clarifies the definition of defensive medicine and starting from characteristics of defensive medicine,explores the nature and characteristics of defensive medicine.Chapter II,the Present Status of Defensive Medicine and its Negative Influence,with introduction of inversion of presenting evidence and implementation of Tort Liability Law of PRC as background,analyzes the present status of more and more defensive medicine and further elaborates on negative influences and effects of waste of patients' and hospitals' resources because of defensive medicine.Chapter III,the Defensive Medicine Tort Liability Mechanism and its Shortfalls,puts emphasis on the legal application to defensive medicine and structure of defensive medicine.From the respective of Tort Liability Law itself and judicial practice,the thesis discusses shortfalls of present defensive medicine tort liability mechanism.Chapter IV,My Opinions on Tort Liability of Defensive Medicine,aiming at shortfalls of present legal regulation of defensive medicine,puts forward advices on definition,classification and fault identification of defensive medicine,and holds the belief that only through several ways at the same time,such as further revising Tort Liability Law of PRC and relevant judicial explanations,setting up of a connecting mechanism of defensive medicine medical insurance inspection and tort liability,and perfecting related legal protection of hospitals,can effectively decrease the quantity of defensive medicine.