Study On The Judgment Of Causation In Medical Malpractice Liability

In the medical malpractice lawsuit, a doctor's negligence and thepatient's injury whether the causation have is an important problem. Tothis, all countries legislation and judicial precedent did different effort. Inour country, the theories field seldom pays attention to this. In this article, the author gives a research about the causation of medical malpracticeliability and hopes to put forward a view to fill up the theoretic blank anddirecting the judicial practice, connecting with the basic civil law theoriesand using the methods such as comparative research and positiveanalysis.In addition to the part of Introduction and Conclusion, this article isconsists of four chapters:Chapterâ… demonstrates the composing of thecausation of medical malpractice liability on the foundation of studyingthe civil liability of the medical malpractice and induces the characteristicof the causation of medical malpractice liability finally.Chapterâ…¡does agood study on the theories of cause-in-fact in medical malpractice underAnglo-Saxon law system and civil law system and elaborates thedifferent attitude to medical malpractice expertise and introduces theallocation of burden of proof in medical malpractice lawsuit.Chapterâ…¢introduces and comments the Adequate Cause Theory and the Purpose of Regulation Theory in the civil law system and the Foreseeability Theoryin the Anglo-Saxon law. Chapterâ…£sets out some specific suggestionswith a view to further improving the judgment on the causation ofmedical malpractice after listing our present practice.