Research On Judicial Judgment Of Excessive Medical Tort Liability

With the development of social economy and the progress of science and technology,the technology in the medical field is constantly updated and iterated,and more and more new technologies are applied to the medical field.However,there are also some problems in the medical field.There are more and more excessive medical phenomena in the current medical field.The existence of excessive medical treatment not only aggravates the already tense doctor-patient relationship,but also causes unnecessary waste of inadequate medical resources.One of the reasons for pursuing excessive medical treatment is that medical institutions and their medical staff pursue more interests or avoid harm to patients because of their medical behavior,and the second is that there are a series of problems in the trial of excessive medical cases in the current courts.By combing 115 referees related to excessive medical treatment,this paper finds that the existing referee cases have the following problems in the referee of excessive medical treatment : first,the identification of excessive medical treatment is not clear,so that the court will appear in the trial of the case.There are different natures of the same type of case,which leads to the phenomenon of different judgments in similar cases;the second is that there are difficulties in the identification of excessive medical infringement,and the resulting problems are that judges will have difficulties in identifying excessive medical cases;third,the existing excessive medical treatment is highly dependent on medical appraisal opinions,but the existing medical appraisal has ’ duality ’,that is,judicial appraisal and medical association appraisal.The coexistence of the two appraisal methods is prone to the situation of different identification of the same case,resulting in multiple identification and repeated identification of the same case.Fourth,the distribution of the burden of proof for excessive medical treatment is not conducive to patients ’safeguarding their legitimate rights and interests,and the unclear distribution of the burden of proof is likely to cause different trial results.Based on the analysis of the above four problems and the relevant research results,this paper puts forward the corresponding judicial suggestions,that is,one is to properly identify the tort liability of excessive medical behavior;the second is to comprehensively identify the fault of medical institutions,and The third is to entrust the appraisal institution to identify the causal relationship.The fourth is to unify the judicial appraisal system of excessive medical treatment in the trial process and unify the appraisal opinions.The fifth is to properly allocate the burden of proof of patients according to the types of cases of excessive medical disputes.Through the research of this paper,it can promote the theoretical discussion of excessive medical disputes in the theoretical circle,and can also regulate the related behaviors of excessive medical treatment from different angles in practice.