Analysis Of Medical Tort Causality

Along with the development of medical science and people's enhancing legal awareness, medical disputes are increasing fast, and medical tort litigation is undoubtedly one of the most intense manifestations. Based on the comparative research of the theories and an empirical analysis to cases, this article makes a profound analysis of the internal logic of causality in medical tort, so as to provide a beneficial reference to judicial practice. Besides the preamble and the epilogue, this article is divided into three sections:The first chapter mainly discuss basic problems of the of the tort causality. This chapter is divided into two sections, the first section is theories' deconstruction of the tort causality, firstly proposes the point of view that causality shall be confined to the field of facts'cognizance, meaninglessly bring the extent of liability into the field of causality. Then evaluates Japan's "Ping Jin Theory "and its meaning, and puts forward my opinions and views. The second section mainly discussed "Adequate Causation Theory", "The Purpose of Statute", "Obligations Range Theory", "Foreseeable Rules", etc, and points out their advantages and one-sided statements, eventually draws the conclusion that "affirming the main position of'Adequate Causation Theory', and meantime using other theories'essence for reference, can better enhance its elastic in value judgment."The second chapter discusses related issues of our conventional medical tort causality. This chapter is divided into three sections, first section, trying to build the cognizance pattern of our conventional medical tort causality, and put forward the pattern that using "Adequate Causation Theory" as the leading theory, "Obligations Range Theory" and "Foreseeable Rules" as modified theories, The second section discusses complicated problems of unconventional medical tort causality in our country, mainly utilizing the methods of case analysis and comparative study to discuss the applicability of "Opportunity Loss Theory" and "Epidemic Causality Theory" in the field of medical tort causality, the cognizance of "Idiosyncrasy Causality", the influence of intervening cause on causality, etc. On the basis of above chapters' property analysis, the third section using qualitative analysis:mainly discusses the quantification pattern of "Dollar Value on Damage" and the quantification pattern and function of "Contribute Degree in Damage".The third chapter is focused on the empirical analysis of the typical case of medical tort causality proving in our country. Through the introduction of typical medical tort case of "Several Causes and One Effect", this article clearly showed the application process of various theories such as "Adequate Causation Theory", "Causality Presumption", "Opportunity Loss Theory", "Idiosyncrasy Causality" and "Nonfeasance Tort"; discussing how the judge proves the causality from a practice angle, and providing a new perspective on the settlement of medical disputes, in order to better balance the interests of doctor-patient parties.