Legal Analysis On Cao And Others V.a Hospital In Hunan For Medical Damage Liability Dispute

Since the reform and opening up,China’s health industry has made rapid achievements.On the one hand,with the implementation of the national health strategy and the progress of modern medical technology,the overall level of medical quality in the whole society is constantly improving;On the other hand,the increasing awareness of citizens’ personal health and rights protection,the heavy burden of patients’ medical expenses,high medical expectations,and the unbalanced level of medical development among different regions have led to prominent doctor-patient contradictions.Medical tort liability disputes have become "dominant" cases in court tort cases.Medical tort liability disputes are different from ordinary civil disputes,because they involve certain professional medical knowledge,and medicine is a science with strong professionalism,high risk and many limitations.Courts often rely heavily on the judicial appraisal conclusions made by professional appraisal institutions in the trial of medical disputes.If there is no relevant expert conclusion,It will cause great trouble for judges to determine the facts of the case and delimit the liability for medical damage.This article selects is such one does not have the appraisal conclusion to cause the doctors and patients both sides not to accept,the case from the basic unit court to the supreme court has gone through four level of court trials to be able to stop sues to accept,this article uses the case analysis method to carry on the full detailed legal analysis from the first trial to the fourth trial.And successively summarized the basic unit court,the intermediate people’s court,the high court,the supreme people’s court to this case judgment result and the corresponding argument analysis,and has induced the case three big dispute focuses,namely the medical establishment has the mistake,between the mistake behavior and the harm result has the causal relationship,the medical establishment responsibility undertakes the proportion;Using the literature research method,the comparison analytic method to hide in the case dispute focal point behind legal principle theory of law,the legal provision and so on carries on the reasoning proof,in view of the first medical establishment has the non-fault the focal point,first introduced the medical damage responsibility constitution important document and turns over to the responsibility principle,in the thorough introduction medical damage responsibility dispute fault inference theory and carries on the analysis,It is concluded that the behavior of the medical institution in this case conforms to the presumption of fault;In view of the second focus of whether there is causality between the fault behavior and the damage result,this paper introduces the theory of causality adopted in the maritime law system,the civil law system and the practice of our country in turn,and then analyzes the determination of causality in this case in combination with the characteristics of medical damage causality;In view of the third focus of the proportion of liability of medical institutions,this paper reviews the relevant practices of dividing medical damage liability in theory and practice,and points out the advantages and disadvantages of discretion in the division of liability.The analysis concludes that there is no legal basis for the use of discretion to delimit the responsibility of medical institutions in this case.Finally,in the fourth part of this article,it puts forward four points of legal thinking to distinguish the principle of fault and presumption of fault liability in medical damage liability disputes,how to deal with the situation that causality can not be identified in doctor-patient disputes,carefully apply the discretion to delimit the proportion of liability,and further build the non-litigation resolution mechanism of doctor-patient disputes,so as to provide reference for dealing with similar problems in judicial practice.