Research On The Identification Of Medical Injury Causality

The accurate determination of causality is the most crucial part of the fair settlement of medical tort cases.Through the proper application of the theory of causality,the judge can not only determine the existence of causality efficiently,but also protect the legitimate rights and interests of both doctors and patients.In short,it is an important theoretical basis for the proper resolution of doctor-patient disputes to probe into the theoretical development of causality and judicial application.At present,the theory of causality of medical tort in China has drawn on the theory of "two classes" of Anglo-American law system and the theory of "one theory" of continental law system.From the perspective of the legislative process,China has gone through the transformation and development process from the theory of inevitable causality to the theory of considerable causality.In terms of the specific judicial application,there are still many problems in the determination of causality of medical damage in China,which are mainly manifested in the following three aspects: first,the application of causality theory is unclear,and the judgment result lacks sound legal basis,which makes it difficult to resolve the dispute properly;Secondly,the opinion of medical expertise is mostly vague,and the judge cannot make accurate and convincing causal relationship.Finally,the problem of burden of proof distribution has not been fully solved,which affects the fairness of causal relationship determination.This paper holds that in order to successfully deal with the above problems,firstly,the judge should attach importance to the reasoning function of the judgment document,and provide a clear and convincing theoretical basis and legal basis for the conclusion of causal relationship in the judgment through detailed and thorough reasoning.Secondly,the difficulty of identification of causality caused by the confusion of identification system should be eliminated to provide an accurate and reasonable factual basis for the accurate identification of causality of medical liability.Finally,the application of strict burden of proof in judicial practice enables the judge to effectively and fairly determine the causal relationship of medical damage,at the same time,it can better protect the legitimate interests of both doctors and patients,resolve medical disputes fairly and efficiently,ease the tension between doctors and patients,and maintain a healthy and harmonious medical work order.