Research On The Tort Liability Of Over-medical Treatment

In recent years,over-medical treatment has become a problem in the field of medicine and law,and it is also an important reason for the tension between doctors and patients.Article 63 of the Tort Liability Act makes provision for over-examination in one sentence,which is too simple.Excessive examination is only part of over-treatment.There are no provisions in the Tort Liability Act for issues such as over-consumption,excessive surgery,and excessive care that appear in real life.This article mainly uses methods of legal hermeneutics and comparative analysis to investigate the liability for excessive medical torts.It is believed that excessive medical infringement refers to violations of laws,administrative regulations,and regulations concerning medical treatment and medical personnel in the process of diagnosis and treatment.Unnecessary medical treatment measures have been applied to the patient,causing personal injury,property damage,or mental damage to the patient in an objective manner,and the corresponding tort liability shall be assumed.Excessive medical care is similar to defensive medical care,both because of the information asymmetry between the doctor and the patient.Defensive medicine can be divided into active defensive medicine and passive defensive medicine.Active defensive medicine can be attributed to over-medical treatment.Negative defensive medicine can be regulated by the Tort Liability Law.Medical personnel cause patient damage.This is due to the fact that it did not fulfill its duty of diagnosis and treatment in accordance with the medical level at that time,and most of them showed the inaction of the medical staff.The principles of responsibility for over-medical treatment are taken as the principle of fault liability.However,in order to ease the pressure on patients,the system of burden of proof can be implemented.The establishment of excessive medical tort liability must not only satisfy the constituent elements of general tort liability,but also consider the particularity of over-treatment.First of all,there must be over-medical actions.In addition to over-examination,its manifestations should also include over-medication,over-operation,and excessive care.Second,medical institutions and medical personnel deliberately implement excessive medical treatment during the diagnosis and treatment process.The medical behavior caused damage to the patient.Finally,there is a causal relationship between the excessive medical behavior and the damage caused by the behavior.This is a rather causal relationship.Damages caused by excessive medical treatment include both property damage,personal injury,and mental damage.If these losses are caused by the actions of medical institutions and medical personnel,the medical institutions must make comprehensive compensation.If it is caused by the behavior of the patient and the medical institution and the medical staff,the compensation in accordance with the principle of negligence offset.At the same time,we should also reasonably determine the liability for damage caused by excessive medical infringement.While protecting the interests of patients,we should also safeguard the legitimate rights and interests of medical institutions.