On Cause-effect Relationship In Components Of Medical Damage Liabilities

No matter in the field of theory or practice, it’s certainly hardto get a same judgment standard to recognition the causal relationshipin the medical injury liability, that would certainly lead to the judgecan’t verify the judgment facts after the court, so it’s hard to promotethe progress of the theory. There are three factors which contribute tothe appearance of this situation, first is the shortage of a unified causalrelationship theory, second is the effect of medical diagnosis isvulnerable influenced by various factors, last is a different patient witha different physique, which might cause damage or expand the consequences.The concept of causal relationship in the medical injury liabilityis a cause and be caused relationship between a doctor’s illegal treatmentand a patient’s personal injury. To affirm the casual relationship, thereare many theories both in the common law system and the continental lawsystem. Although each of the theories is not the consistent method to solvethe causal relationship problem, but any one can explain a certainprobability in the course, the judge also use them to solve a specificissue. In practice, we should choose an appropriate theory to make ajudgment according to the different cases.The way of sharing the testify responsibility is called to ease theburden of proof，which is a reasonable way to prove the act according tothe Tort liability law. In this process, we should also verify the burdenof proof to assure the proportion between the doctor’s treatment act andthe patient damage result, and then make a limit of compensation.