Research On Compensation For Medical Tort Damages Of Patients With Low Cure Rate

In recent years,as people's legal awareness has increased,cases of medical disputes caused by diseases with low cure rates have gradually increased.In the case of diseases with low cure rate,the medical behavior of the doctor did not directly lead to the death of the patient,but it worsened the deterioration of the condition,reduced the chance of the patient's cure or survival,and accelerated the arrival of the death.In judicial practice,general medical tort cases are assigned burden of proof according to the provisions of Article 54 of the Tort Liability Law.Applying the traditional causality theory proves that the damage has a causal relationship with the medical behavior,and the compensation loss requested by the patient can be measured.However,due to the particularity of the patient's own disease,the medical tort case with low cure rate requires the patient to compensate for the loss of cure or loss of survival chance.This part of the loss often does not have a specific measurement standard.It is difficult to prove medical behavior and loss by applying traditional causality theory There is a causal relationship between them,which makes the patient's compensation request not supported.This article begins with a descriptive statistical analysis of 52 specific cases of medical damage compensation for patients with low cure rates,and finds that in judicial practice,the proportion of support for loss compensation requests for patients' cure or loss of survival opportunities is relatively small.Secondly,the academic theory,the current legislative situation and the judicial status quo of compensation for medical tort disputes of patients with low cure rate are reviewed.Theoretical theory mainly includes "substantial possibility theory","opportunity loss compensation theory","proportional cause and effect theory".This article supports "proportional cause and effect theory".Proportional cause and effect relationship is mainly to confirm the possibility of the cause and effect relationship,which is conducive to The evidence provided by the patient meets the certification standards required by law.Then combined with the case analysis to analyze the main reasons for the small support for the compensation request for the patient's cure or loss of survival in judicial practice,on the one hand,the particularity and complexity of the patient's own disease,and on the other hand,it is difficult to determine that the doctor's diagnosis and treatment behavior is illegal by applying the traditional tort theory Sex,and it is difficult to prove that there is a causal relationship between the doctor's diagnosis and treatment behavior and the patient's cure or loss of survival chance.In view of the dilemma faced by patients with low cure rates,this article proposes two remedies: one is to revise the traditional tort theory and improve the proof of causality;the other is to use the theory of loss of opportunity to replace the factual causality with legal causality and to encourage judges to combine facts with facts.For judicial appraisal,apply the principle of proportionality to determine the amount of compensation.