Analysis Of Xie's Medical Damage Compensation Cases

In recent years,medical damage incidents occur from time to time,causing tremendous physical and mental damage to the parties.After the dispute entered the court proceedings,due to the imperfect legal provisions on such cases and the inconsistent judgment criteria in the handling of similar cases,the inadvertent handling of the court will make the doctor-patient relationship tense and affect social harmony and stability.Xie 's case of medical damage compensation is a typical case of this kind.This paper mainly focuses on this case,and refers to three similar cases for analysis to strengthen the argument.The above cases all reflect the main disputes that need to be resolved in practice when the court hears such cases from different levels.The three disputes are: first,the establishment of the starting point of limitation of action for medical damages compensation;second,the obvious unfairness of medical damages compensation and settlement agreement;and third,the fault liability assumed by the hospital.Based on the current legal provisions and the relevant theories of the academic circles,this paper analyses the three focuses one by one and draws the following conclusions: Firstly,the law of our country should strengthen the protection of patients' litigation rights,and suggests that a new special provision should be made from the legislative level for the calculation of limitation of action for medical damage compensation,that is,the starting point should be calculated from the time when the obligee can actually exercise his rights.When Xie Mou can actually exercise his rights,the starting point of limitation of action should be the date when the results of his first-level disability appraisal are issued;secondly,the dynamic tendency of the basic principles of subjective and objective elements of apparent unfairness should be taken into account in judicial practice,and the rules of apparent unfairness should be applied flexibly and flexibly to realize the needs of case justice.The obvious imbalance of rights and obligations in Xie 's reconciliation agreement with a hospital is caused by the hospital's use of its superior position and deliberate use of Xie's parents' lack of judgment,so it should be flexible to evaluate the unfairness of the reconciliation agreement.Thirdly,after the case enters the lawsuit,the medical institution has the legal obligation to submit the medical record data in its custody to the court after the patient's application.If a medical institution fails to submit a report,it shall presume the fault of the medical institution inaccordance with the provisions of Article 58(2)of the Tort Liability Law.For this presumption,the medical institution shall be directly held responsible for the fault because of the fault of the medical institution itself.In identifying the fault liability of a hospital,it is necessary to protect the rights of the disadvantaged patients and not to aggravate the responsibilities of the doctors,leading to defensive medicine,and to achieve a balance between the rights and interests of the two,so as to promote the development of medical undertakings.In this case,the hospital should bear the responsibility of fault which is irreversible,that is to say,to directly identify its fault.