Private Law Remedies For Loss Of Benefit Of Medical Opportunity

As a cross-disciplinary global problem,medical opportunity benefit has attracted the attention of many countries.With the development of medical technology and the awakening of people's awareness of rights,medical tort disputes show an increasing trend,and the case of loss of medical opportunity interests is one of the most important manifestations.Through comparative research and empirical analysis,this paper analyzes the theory and practical cases of the loss of opportunity,in order to provide reference for the relevant judicial practice in the medical tort disputes.In addition to the introduction and conclusion,this paper is divided into three chapters.The first chapter mainly discusses the basic problems of the loss of opportunity theory in the medical field.This chapter is divided into three sections,respectively,from the connotation of the theory of opportunity loss in the medical field,the development of foreign countries,the development power and resistance.The second chapter mainly discusses the theoretical basis.This chapter is divided into three sections,respectively,the basis of the right to claim for relief in the case of loss of medical opportunity,damage identification,causal relationship identification for further discussion.The third chapter mainly discusses the current situation of China's relief and the author's assumption of the system framework.This chapter is divided into four sections,respectively,from the status quo of relief,the introduction of the loss of opportunity theory,the application of the theory of limitations,liability for damages in four aspects.First of all,through the definition of the theoretical connotation of the loss of opportunity in the medical field,this paper discusses the application contradiction between the loss of medical opportunity and the traditional tort law.Secondly,the damage and causality in the case of loss of medical opportunity are identified.Finally,through the analysis of the current situation of relief,the paper puts forward the method of introducing the theory of opportunity loss,and puts forward the content and calculation method of compensation for damage in view of the application limitations of the theory,so as to protect the interests of medical opportunity comprehensively.