Study on the Civil Liability of Medical Damage
|Keywords||Medical malpractice Civil liability Allocate the burden of proof Damages|
In recent years, medical malpractice has become a common concern of the public attention and focus problems, medical trend exacerbated tensions. With health care reform, enhance the legal awareness of citizens, especially the rights awareness, medical malpractice and medical institutions in the social life of a large number to appear. It is a hot issue in public life but also the difficulties of judicial proceedings in question. Correctly handle medical malpractice is a strong scientific and policy work, both related to the citizen's right to life, health and bodily rights and other related rights, but also with the survival and development of medical institutions and medical progress and social stability are closely related. Medical disputes are handled is diverse, but the lawsuit is still on medical disputes leading role. Current medical technology medical malpractice litigation identification and medical malpractice law applicable duality result from knowledge to practice has produced major differences, so that a similar medical malpractice cases in different courts there are very different verdict. About the concept of medical malpractice medical malpractice should be the primary, object and causes of medical malpractice is defined. For medical malpractice, there are four categories according to different criteria, wherein the medical malpractice medical malpractice disputes into disputes with medical errors fit judicial practice of medical disputes the classification. Not all disputes between doctors and patients are medical malpractice, the distinction between medical and non-medical malpractice dispute is whether the criteria for medical acts against the patient's right to health, the right to life. Tort liability for breach of their responsibilities and have different fields of application and system, but because of tort liability and breach of contract have different causes and legislative basis for the generation, the two competing issues inevitably become the focus of controversy civil law research. Articles from medical practices and medical perspective of Civil Liability for Damage analysis, considerable controversy in recent years, medical damages for breach of contract and tort liability were compared, the responsibility for the two competing issues discussed, and competing medical malpractice liability cooperative solutions put forward their own views. In this paper, the concept of medical malpractice, classification, definition begun to introduce the current situation of China's medical disputes and its causes, analysis of China's Civil Responsibility of medical disputes, components, focusing on medical malpractice damages in practice allocation of the burden of proof in medical damages and other content, article concludes with a summary of the status of the medical use of legal disputes, and have put forward legislative proposals.