Legal Analysis On Jia V Y Hospital For Medical Liability Dispute

In recent years,there are many incidents of violent injuries to doctors.For example,the case of violent injury in Beijing Civil Aviation General Hospital and the case of the First Affiliated Hospital of Guangxi Medical University.There are not only social reasons,but also the reasons of law.As a result,the doctor-patient's relationship is further strained,which has laid a great destabilizing factor for the society.From the perspective of law,although Chinese tort law contains the corresponding provisions on the liability for medical dispute.However,due to the late legislation,there are many difficulties in practice.The connotation and extension of medical negligence are still not clear,it exists the lack of relevant standards on the causal relationship between the treatment behavior and the patient's damage results.The relevant medical burden of proof are mechanized and the procedure of medical judicial appraisal is not sound enough.And the judge relies too much on the conclusion of appraisal in court.According to the case "Jia sued Y hospital for medical liability dispute",the paper is emphasized that the determination of causal elements in medical damage liability which should be based on the factual relationship that combine with the comprehensive judgment of the burden of proof system.It also analyzes the difficulty of proving causation,the identified cause is the uncertain medical results and the possible damage causes.The paper puts forward the basic principle of clarifying the facts step by step to clarify the legal issues in the case of medical liability dispute.The four elements of tort in the dispute of liability for medical damage are analyzed in the factual issue,which the medical behavior should be analyzed first to determine the causal relationship,the premise of establishing the causal relationship would constitute the fault behavior,and the standard of medical judicial expertise should be improved to build a unified identification system,so as to unify the identification standard of the causal relationship.When multiple causes one effect,its should be analyzed in detail.The problems of causality in law need a effective system of the burden of proof for each element in the medical cases.To avoid mechanical distribution of burden of proof in the lawsuit should be distributed smoothly according to the current social status,the weak position of patients in information and the weak position of hospitals in judicial trials.Only in this way can we effectively balance the interests of both doctors and patients.