Study On The Special Constitution Reduction Rules In Medical Damage Liability

When the victim’s special constitution is combined with infringement,the damage are caused or aggravated.Because patients with special conditions usually have more fragile bodies.Whether tortfeasor should bear all liability for damages caused by the intervention of special physique has become the focus of the responsibility sharing in the infringement of the special physical fitness.Chinese law has not yet clearly stipulated the issue.Although Guiding Case No.24 of the Supreme People’s Court drew on the egg-shell skull rule of the Anglo-American law and clarified the principle that "the tortfeasor shall be liable for all damages",it was not fully applicable to medical tort cases with special constitution in practice.The particularity of medical behavior determines that medical infringement is different from general infringement.Judges often find it more difficult.to clarify the basic facts-and determine responsibilities due to a lack of professional medical knowledge.It is confusing in judicial practice whether the tortfeasor’s liability for damages can be mitigated if the damages are caused or aggravated by the combined effect of the victim’s special constitution and the infringement,and what rules or standards should be used to reduce the liability.Therefore,it is necessary to find a way out for the rules of reducing the liability of medical institution in medical torts involving special constitution.This paper consists of five sections:The first section is an introduction.This section focuses on the background and current status of the research on special constitution.Through literature review,it illustrates three existing viewpoints on whether the special constitution could be the reason to reduce the responsibility of medical institution,including full liability for indemnity,partial liability for indemnity and no liability for indemnity.This section summarizes the theory on how the special constitution reduce the respons.ibility.The theoretical and practical value of this thesis is demonstrated by the introduction of the background and the analysis of research on the special constitution.The second section is the origin of the problem.This part mainly analyzes the pros and cons of the application status of Guiding Case No.24 to indicate its application dilemma.There are still many such cases that do not conform to the application of the guiding rules.And this part further leads to the legitimacy and rationality of special constitution as a factor reducing liability for liability for damages.It should be recognized that it is not appropriate for medical institutions to assume full liability for compensation regardless of the circumstances.Under certain circumstances,it is reasonable to break through the egg-shell skull rule and take special constitution as a mitigating factor.The third section is the definition of the concept of special constitution and the classification of patients’ special constitution.By combining with medical torts,this part defines the concept of special constitution and shows the characteristics of special constitution in medical infringement.The special constitution can be divided into three types:physiological type,pathological type,and psychological type.As a mitigating factor,the patient’s special constitution should be the abnormal and vulnerable constitution excluding the patient’s original disease.The patient’s constitution that deviates slightly from the normal range of an ordinary person should not be considered as special constitution,nor should the disease being treated be considered as a special constitution.The fourth section is the value balance of patients’ special condition involved in the impact of medical tort liability.Firstly,this part describes the meaning.principles and elements of medical tort liability.Value judgments in medical tort liability involving special constitutional.In fact,no matter what interpretation path is adopted to explain the impact of patients’ special constitution on the liability for compensation,it will ultimately rely on the value judgment.Therefore,in the issue of whether and how the patient’s special constitution affects the liability for medical damage,it is necessary to adhere to the principles of fair distribution of medical liability for damages and protection of the freedom of behavior of patients and physicians.The degree of subjective fault of the medical institution,the special physiological condition of the injured patient,the predictability of medical damage consequences,and the efficiency of medical damage prevention should be weighed to ultimately determine whether the special constitution should be used as a mitigating factor and to clarify the allocation of damage liability.The fifth section is about the suggestion on the construction of liability-reduction rule in medical infringement involving special constitution.The principle of special constitution not affecting liability reduction should be adhered to,and in special circumstances,special constitution can be a reason for reduction in liability.It is inappropriate to arbitrarily increase the responsibility of patients with special constitution and to assume all the responsibility for damage compensation by medical institutions.The distribution of liability for damage compensation should be based on the value judgment and based on type thought,considering the extent of the patient’s special constitution,the type of causal relationship,and the control of the patient’s special constitution.By integrating value balance into typed liability reduction,fair distribution of liability for damages is achieved in a dynamic system of liability reduction formed by combining typed factors with value balance.