Research On The Application Of The Law On Disease Prevention Medical Damage

The medical community has been unable to provide a definite position for medical treatment of disease prevention,and the law community has not been able to give a clear definition of medical damage on disease prevention,which makes it difficult to apply existing laws in judicial practice properly.And during the trial of the case,the specificity of disease prevention medical behavior and disease prevention medical damage cannot be taken into consideration.As a result,in the process of disease prevention medical damage cases,it is easy to have different judgments in similar cases,get irregular trial results,unclear judgment basis,and it may be difficult to predict right relief,etc.,all of these greatly impact the credibility of our judicial organs and the credibility of the law.Since the Third Plenary Session of the 18th Central Committee of the Communist Party of China,under the overall layout of the rule of law in an all-round way,the requirements of the integrated construction of a country ruled by law,a society ruled by law,and a government ruled by law,the current method of adjudicating cases of disease prevention medical damage is obviously not in line with the needs of social development.Based on our existing legal norms and legal system,this article summarizes a large number of judicial practice cases,considering the particularity of medical damage on disease prevention as well,and uses scientific data fitting processing to summarize the outstanding problems and their causes on disease prevention medical damage in China.Meanwhile,this article explores and discusses the three main issues in disease prevention medical damage cases:determination of the responsible party,the principle of imputation applies and compensation calculation.Then it tries to put forward the case handling opinions consistent with China’s national conditions and the existing legal system.The conclusion is compared with the factual data obtained from a large number of sample cases,to test its scientificity and applicability,make sure the effectiveness of this kind of law application,and ensure its reference function and significance in judicial practice.At the same time,this article innovatively proposes the "right to expectation of health" as a reasonable extension of the "right to health" under the limited conditions of disease prevention medical damage It also puts forward two systems-giving priority to civil law procedure and giving priority to identification procedure,which are need to be aware of in the judicial practice process to ensure fairness and justice in disease prevention medical damage cases,to be the proposal of this article to solve the problems in the judicial practice of disease prevention medical damage cases.