Analysis On Classification Of Medical Malpractice And Identification Of Liability For Medical Malpractice

The classification of medical malpractice has gone though two differentprocesses with the implementation of Tort Liability Law as a milestone,beforewhich medical malpractice has been divided into medical accident and othermedical malpractice and after which the classification of medical malpractice hasbeen transformed into a diversified system based on the cause of medicaldamages as the criteria of distinction.The classification of medical malpractice isthe basis of how to identify the liability for the same,and the identificationsystem of liability for different type of medical malpractices of our country,beingformed on basis of the unique classification of medical malpractice,is differentwith many other countries.There are both problems that exist commonly inliability identification for different types of medical malpractice and problemsthat exist specifically in liability identification for each type of medicalmalpractice.Therefore,this article will analyze the identification of liability formedical malpractice,from both vertical and horizontal dimensions,on the basisof different types of the same.Horizontally,this article will introduce and analyzethe features,difficulty,and main problems of identification of liability for medicalmalpractice in such disputes,so that readers could have a basic understanding ofthe current status of identification of liability for medical malpractice;vertically,this article will introduce and analyze the identification of liability for eachspecific medical malpractice and main problems existing in the same,so thatreaders could have a clear understanding of legal issues related to theidentification of liability for medical malpractice.In the same way,this article willalso provide comprehensive suggestions for improving the identification systemof liability for medical malpractice from both vertical and horizontal dimensions.This article has three chapters,with main contents as following:The first chapter will mainly introduce the concept and classification of medicalmalpractice and further analyze the features,difficulty,and main problems ofidentification of liability for medical malpractice.Section 1 of the first chapterwill introduce concept and connotation of medical malpractice,and theclassification of medical malpractice from the view of common practice as well asthe legislation of our country,in order to provide concept support for introducingeach specific type of medical malpractice and liability identification in thefollowing contents.Section 2 mainly gives analysis on the characteristics anddifficulties in identification of liability for medical malpractice from theperspective of empirical analysis by collecting and analyzing the feature data ofmedical malpractice disputes,and further comes up with problems commonlyexisting in identification system of liability for medical malpractice.The second chapter analyzes the different classification of medical malpracticeand liability identification system before and after the implementation of Tort Liability Law,and comes up with problems existing in identification system ofliability for each current type of medical malpractice.Section 1 of the firstchapter mainly introduces and analyzes,based on the background of dualitypattern of medical malpractice,the conflicted and confusing situation of thisperiod resulting from the unreasonable classification and different legalstandards applicable to different types of medical malpractice,including differentlaw systems,different identification systems and different indemnificationscopes.Section 2 mainly introduces,based on the current Tort Liability Law,thespecific concept and connotation of medical technology malpractice,medicalethic malpractice and medical products malpractice on basis of the first chapterand further analyzes main problems of each type of medical malpracticeconnecting with its own characteristics.On basis of the questions came up in the above two chapters,the third chapterprovide comprehensive suggestions for improving the identification system ofliability for medical malpractice from both vertical and horizontal dimensions,among which the horizontal dimension is suggestions for problems commonlyexisting in overall identification system of liability for medical malpractice,andvertical dimension is specific suggestions for problems existing in specificidentification system of liability for medical technology malpractice,medicalethic malpractice and medical products malpractice.