Reaserch On The Compensative Liablitv Of Medical Damage To Person

This paper launch the discussion under the status of medical tort in China, and give an analysis to the core problems like tort liability. The medical disputes are in big quantity nowadays and even increasing, there are several reasons for this:on one aspect, with the development of society, the awareness of law and protection of individual right has been enhanced, the requirement to the medical institution has also increased. The advance of mass media brings more information to the patient. On the other side, the medical institutions in China has been pushed to the market by the tide of Market economy and commercialized, along with China’s problem medical care system, being difficult and expensive to get a medical care is widespread. Under such a background, medical dispute has been a serious social problem, which may bring negative influence to the development of whole nation without appropriate solution. The searching of solution to medical dispute from legal perspective especially by legislation should be careful and cautious. The construction of medical tort liability system is a huge and systematic project which involves improvement in various legal systems. China’s medical tort law has been put into force in2010, it has solved the personal injury compensation is based on two different rules, and make a single rule. In the medical tort cases, compensation as a way to solve the medical tort has some effect on medical compensation. Medical tort is the prerequisite for compensation, medical institutions and its staff has illegal actions and caused medical harm, along with a reasonable causation relation formed a medical tort. The medical compensation contains two which are caused by direct and indirect harm. In legal practice, the medical tort brings harm to both physical and mental, duo to insufficiency in knowledge, I will discuss the harm on physical only.