Application Of The Presumption Of Fault In Medical Liability

Liability for medical damage is a civil legal liability resulting from the fact that medical institutions and medical staff have not fulfilled their obligations under relevant laws,regulations,rules and technical specifications for diagnosis and treatment during medical activities.The legislation on medical damage disputes has gone through a long process.Thanks to the Law of the People's Republic of China on Tort Liability,which was promulgated in 2010,disputes over liability for medical damage have been systematically improved.The Law of the People's Republic of China on Tort Liability uses a whole chapter to separately stipulate the liability for medical damage.The whole chapter mainly applies the principle of fault liability attribution.In some statutory special circumstances,the principle of presumption of fault and the principle of no fault apply.It is expected that the liability for medical damage will be reasonably determined through specific and clear legal provisions,and the contradiction between doctors and patients will be eased.The principle of fault is mainly applicable to the liability for medical damage,which is reflected in Article 54 as Article 54.Under this principle,the patient needs to prove that the doctor made mistakes in the diagnosis and treatment before the doctor can bear the liability for infringement.The principle of presumption of fault for medical damage applies only to special statutory provisions,that is,the circumstances specified in Article 58(3).When a legal situation occurs,the medical party will be presumed to be wrong because of violations of laws and regulations,concealing medical records,falsifying medical records,and other acts.However,the understanding of Article 58 in academic circles and judicial practice is quite different,resulting in the original intention of the legislator and the effect of judicial application cannot be reached.Therefore,this article takes Article 58 of the Law of the People's Republic of China on Tort Liability as the point of view to analyze how the principle of presumption of fault in medical damage liability in China actually applies.Based on the attribution principle of medical tort liability,the establishment and connotation of the principle of presumption of medical damage fault is clarified;through judicial examples,the obstacles to the application of the principle of presumption of medical damage fault are analyzed.And learn from relevant foreign experience to explore a new approach to the application of the principle of presumption of medical damage without changing the existing legal provisions.In order to better alleviate doctor-patient contradictions and resolve doctor-patient disputes,a reasonable exploration is made.