Research On Excessive Medical Damage Liability

Excessive medical treatment is a common problem in the world,and China is no exception.The phenomenon of excessive medical damage occurs in different aspects from time to time,including the system,society,law and other aspects.Excessive medical treatment are unnecessary medical actions that medical institutions and their medical staff intentionally carry out beyond the objective needs of the disease itself,resulting in damages to the legitimate rights and interests of patients.It is different from the general concepts of moderate medical treatment,protective medical treatment and defensive medical treatment,which includes over-examination.over-treatment,over-care and other diagnostic and therapeutic actions,resulting in damages to the property rights and interests of patients,and also their physical and mental health.The nature of legal liability for excessive medical treatment should be recognized as a kind of concurrence between infringement and breach of contract.The liability for excessive medical damage should apply fault liability principle.The patients should provide evidence about the following constitutive requirement,such as the existing of illegal acts,subjective fault,facts of damage and causality.The subjective fault adopts the proving regulation for objectiveness of fault,and the causality depends more on professional expert conclusion.The identification standards of'excessive' should be comprehensively determined by the professional accrediting body according to the criteria of clinical diagnosis and treatment,the objective needs of the disease and the patients'own wills.Excessive medical damage is essentially a kind of civil fraud.It is not suitable to apply the unjust enrichment system,nor is it different from general fraud.The basis of claim for excessive medical damage liability is not clear.It can be improved from the concept and scope of tort liability,identification criteria,proving regulation and ways of affording responsibility,so as to regulate excessive medical treatment more effectively.