Study On The Coincidence Of Medical Damage Liability

The coincidence of medical damage liability means that medical malpractice runs counter to the promise between doctors and patients and infringes the legal rights of patients. Two kinds of different legal regulations entitle the victim two kinds of different right of claim. To choose anyone will bring about different results. In current legal system, the responsibilities of medical damages are being greater conflict. And there are no civil legislative adjustments concerning about it so far. we are short of study with comparative law in operating legally practical problems. For this reason, there are great divergences of the understanding on medical damage which hinders the domestic legally unity and the protecting of one's original interest.This text begins with the fundamental theory of civil law and deeply investigates the existing doctrines and legislative precedents in the continental and common legal family for reference to define the connotation of medical damage. According to the trend of fusion between the liability for breach of contract and liability for tort and the study of professional responsibility of doctors, the text puts legislation visualization of concurrence.