Research On Relief System Of Non-Fault Medical Damage

Non-fault medical damage refers to the patient’s personal damage caused by some irrecoverable reasons in medical activities.Although the medical behavior usually has a certain correlation with the damage consequence,the doctor does not have a fault in diagnosis and treatment,so the liability for medical damage cannot be established,and the patient cannot obtain compensation for the infringement of medical damage.However,in the case of non-fault medical damage,the personal injury suffered by patients is real and may even cause serious adverse impact on their life,so it is necessary to provide some relief.If adequate relief is completely lacking,conflicts between doctors and patients may intensify,causing serious problems to medical institutions and staff,and even affecting social harmony and stability.This paper first defines the non-fault medical damage,and then analyzes the current situation and problems of the non-fault medical damage relief system in China.In the period when tort Liability Law was implemented,the remedies for non-fault medical damage were mainly based on the equitable loss sharing rule,but the problem of expanding the application of this rule was widespread in judicial practice.Article 1186 of the Civil Code amended the provision of equitable sharing and strictly limited its application to "in accordance with the provisions of the law".Non-fault medical damage can no longer apply the equitable sharing of losses rule.Therefore,it is necessary to discuss new possible relief methods.This paper studies the non-fault medical damage relief system in other countries,and summarizes some typical relief methods,such as the state compensation in New Zealand,France,and compulsory insurance in Sweden.On the basis of in-depth research on the system attributes,subject of liability,scope of relief,source of funds and relief procedures of various relief methods,this paper puts forward the suggestion that China should establish a diversified no-fault medical damage relief system with compulsory medical accident insurance as the main and medical aid fund as the bottom.