Study On Damage Compensation System Of Patients With Special Physical Constitution In Medical Tort

Patients' special constitution medical tort is a more common type of medical tort in recent years.It is different from ordinary medical tort cases in that in this type of case,the combined effect of the patient's special constitution and medical tort causes damage or the result of damage.As to how such cases should be judged,China's laws have not yet clearly stipulated,and the theoretical community has not yet reached a unified consensus.Although the Supreme People's Court issued Guiding Case No.24 in 2014 on the issue of victim's special constitutional infringement,the medical tort of patient's special constitution is different from the ordinary infringement cases.It has the peculiarity of medical tort and cannot be fully applied to the 24th No.Guiding Spirit of Guiding Cases.Therefore,it is necessary to conduct a detailed analysis of this type of case to find a new theoretical breakthrough.The article is based on the"problem-analysis problem-solving problem" approach.After clarifying the relevant theoretical basis,exploring the problems in judicial practice,and on the basis of related value measurement,the article proposes the compensation system for damages to patients with special constitutions in medical torts.Suggest.With a view to providing reference for the judgment of such cases in judicial practice.This article consists of five parts:The first part is an introduction.First of all,the background of the problem to be studied in this paper is briefly introduced,which leads to the main problem to be studied,and the significance of this problem is analyzed.Secondly,the theoretical and practical value of this thesis is demonstrated by discussing the current status of research within and outside the domain and the deficiencies of existing research.The second part is the definition of the concept of special physique and the legal constitution of the medical tort problem of patients with special physique to be discussed in this article.First of all,the concept of special physique is derived through the constitution in Chinese medicine,and the concept of the special constitution of patients in medical infringement is defined.Three types of physique.Secondly,on the basis of a specific definition of the patient's special constitution,the legal constitution of the medical tort of the special constitution patient is discussed,so as to clarify the specific scope of the case to be discussed in this article.The third part is to analyze the plight of the compensation standards for medical torts of patients with special physical conditions in judicial practice.A total of 357 cases to be discussed in this article were found based on the keywords "patients with special constitution" and "medical damage".Through sorting and analyzing these cases,it is found that the court 's judgment results and judgment grounds in practice are quite different.The reason for this phenomenon is mainly disputes on two issues.First,whether the patient 's special constitution is infringing The "fault" in law;the second is the identification of the causal relationship between the patient's special constitution and the damage result,and further analysis of the reasons for this dilemma.The fourth part is to analyze the issue of compensation for patients 'damages in cases of joint damage caused by medical infringement and patients' special physique on the basis of value balance.Whether the patient's special constitution should be regarded as part of the legal cause of damage depends on the judge's policy measurement.In the absence of specific laws and regulations,we should insist on allocating the damage to the fair distribution between patients and medical institutions and ensuring the freedom of behavior of patients and medical institutions,and consider the degree of fault of medical staff in medical institutions and whether the consequences of damage have Foreseeability,the type of patient's special physique and the effectiveness of both parties in the prevention of damage and other factors make corresponding value trade-offs and value judgments.Finally,on the basis of value judgment,it puts forward suggestions on standardizing the compensation system for patients' special physical damage in medical infringement.The fifth part is about the suggestion on standardizing the compensation system for special physical damage of patients in medical infringement.On the basis of the problem analysis question mentioned above,suggestions are made for the issue of damage compensation standards for patients with special physical constitutions in medical infringement,and they are divided into:the medical institution knows or should know the patient according to the difference in the degree of information control of the patient's special physical constitution Special physique;only patients know their special physique;patients and medical institutions do not know or should know their special physiques to allocate responsibilities.At the same time,other factors should also be considered,such as the professionalism of medical behaviors and the information advantages of medical institutions.Conduct comprehensive analysis and judgment.