The Tort Liability Law Before And After The Medical Dispute Lawsuit Case Study

This study aims to the tort liability law before and after two years in the Beijing area three level of first-class comprehensive hospital medical dispute lawsuit, comparing the conclusions analysis "tort liability law" enacted for changes in the medical dispute lawsuit, to discuss the reason of this change at the same time, according to the relevant decision, discuss should be how to avoid medical disputes, medical institutions and the loss in the medical dispute lawsuit can determine for medical malpractice tort liability caused by, reduce medical institutions on the economic and reputation losses.This study looked at lots of literature at abroad, such as the United States, Japan, France and other countries of the medical dispute lawsuit, in order to understand the current situation of the medical dispute lawsuit at home and abroad. On the tort liability law before and after the three level of first-class comprehensive hospital in Beijing in the medical dispute lawsuit case systematically sorting, summary, and use of statistical methods for analysis. Combined with related experts, concluded that the tort liability law before and after the change of the medical dispute lawsuit, probe into its reasons, and according to the change of the medical dispute lawsuit, put forward feasible Suggestions for medical institutions.Through the study found that after the implementation of the tort liability act three level of first-class comprehensive hospital medical dispute lawsuit significantly increased, the number of different appraisal methods in medical dispute lawsuit distribution difference, and the result of the two kinds of appraisal ways exist difference, the medical dispute lawsuit compensation amount is increased, and related to the department of medical risk. Research on the tort liability law before and after the identification of the medical dispute lawsuit system analysis thought appraisal fairness problem existing in the current judicial appraisal, program integrity, the problem such as the standardization of the appraisal conclusion documents, shall establish by clinical and forensic experts appraiser of judicial authentication and identification system of combination of technical appraisal for medical accidents.According to the problems found during the research, this research put forward the following five Suggestions for medical institutions:1. Improve the legal consciousness of medical staff, update the concept of law.2. Pay attention to the protection of patients right of informed consent. During the process of diagnosis and treatment3. To strengthen the management of medical quality and safety of medical institutions.4. Improve the level of hospital medical record management.5. To strengthen the communication with the court.