Research On Tort Liability Of Excessive Medical Treatment

In view of the current criticized excessive medical treatment,from the perspective of tort liability,this paper studies the theory and regulations of medical tort in China by combining theoretical research with cases.The first part summarizes the legal concept of excessive medical treatment based on the concept of medical authority,combining the views of scholars in the legal field and drawing lessons from judicial practice.It is defined as a medical tort in which medical institutions and their medical personnel take the initiative to implement medical means beyond the reasonable treatment required by the diagnosis and treatment standards in the whole process of treating patients,which causes unnecessary damage to patients’ personal or property.Distinguish it from similar concepts,and draw the view that the nature of this behavior is tort according to the specific manifestation of medical activities.The second part analyzes the cognizance of excessive medical treatment,points out the legal basis of tort,and clarifies the reasons why the principle of fault liability should be applied to this behavior.From the perspective of the theory of four elements,the composition of this behavior.In the third part,according to the relevant provisions of tort liability,the subject of medical liability is determined and what kind of reasons can be exempted from liability.The fourth part summarizes the relevant legal provisions in our country from the perspective of dealing with medical problems,and finds out the problems such as unclear legal concept,incomplete identification,unfair burden of proof,disunity of identification regulations and too narrow scope of medical information disclosure.The last part aims at the deficiency of relevant laws and regulations on excessive medical treatment,takes the judicial precedent as a reference,learns from some extraterritorial systems,puts forward targeted suggestions for improvement.This paper focuses on the contradiction between the current legal provisions and the actual needs,explores the theory of medical tort liability and gives corresponding suggestions to ensure that judicial organs have laws to follow when dealing with patients’ rights and effectively protect the health of medical and health undertakings.