The Tort Protection For The Loss Of Patients’ Survival Chance

As a special type of medical infringement,the loss of patients’ survival chance has gradually attracted the attention of academia with the improvement of public awareness of rights and the frequent occurrence of related cases.Scholars have explored this issue in succession.At present,the tort law protection of patients’ loss of survival chance in our country lacks clear legal provisions,and there are also differences in the identification methods and standards in judicial decisions.Moreover,the existing researches are mostly focused on the theories of comparative law,and there are few in-depth researches with regard to our country’s judicial practice.Therefore,the author analyzes the legal basis of the tort law protection of patients’ loss in survival chance,from which the necessity and legitimacy of its protection can be found.Based on the analysis of the existing legal provisions and judicial practice,this paper not only explores the institutional basis of tort law protection for the loss of survival chance,but also the problems in the current tort law protection.Then,combined with the experience of comparative law,it puts forward legal suggestions in finding a way that can adapt to China’s national conditions and provide new ideas for the tort law protection of the loss of survival chance for patients.The thesis will be divided into six parts:The first part is the introduction.This part involves the current situation of a large number of patients’ survival chance loss cases in China,puts forward the ways to carry out tort law protection on patients’ survival chance loss under the current laws and regulations in China,determines the research object,and lays the foundation for the following research.The second part is the legal basis for the tort protection for the loss of patients’ survival chance.This part aims to elaborate on the theoretical basis for the loss of survival chance and the necessity of protecting them.The third part is the current situation of tort law protection for the loss of survival chance of patients in China.From the perspective of current law,this paper analyzes the identification of the tort of loss of survival chance.Based on the current situation of judicial adjudication of infringement cases with loss of survival chance of patients in our country,data is collected on the success rate of patients and the recognition rate of loss of survival chance,the basis cited by the court,the causes of loss of survival chance of patients,the determination causation,and the adjudication of damages,so as to provide a basis for subsequent suggestions localization solutions.The fourth part is the evaluation of how tort law protection for the loss of survival chance is helping patients in China.Through the analysis of the three aspects of judgment reasoning,causal determination and compensation for damages,we find out the improvement methods suitable for our country,thus paving the way for the localization suggestions in the following article.The fifth part is a comparative study of the tort law protection of patients’ survival chance.Through the analysis of relevant theories in comparative law and judicial practice experience,the author summarizes other countries’ experience for the realization of the localization of tort law protection in China.The sixth part is the localization of tort law protection of patients’ survival chance in China.With the research above,this paper puts forward legal suggestions for the localization construction of tort law protection for the loss of survival chance of patients in our country,so as to protect the interests of patients to the greatest extent and ensure hospitals’ freedom of diagnosis and treatment on the premise of maintaining a stable doctor-patient relationship.The possible originality of this paper lies in the fact that the purpose of the research is not only to explore the relevant theories of the loss of survival chance infringement,but also to explore from the perspective of China’s judicial practice,to combine the legal basis,the problems exposed in judicial adjudication,and to draw lessons from the experience of comparative law to put forward corresponding suggestions for further improvement.