Study On The Standard Of Identification Of Medical Negligence

Problems of medical malpractice,medical disputes in judicial practice of the main points,in other words,the standard of medical behavior whether negligence is the key of the solution to medical disputes.The study of medical treatment error criterion,can let the judge in such courts don’t rely too much on judicial authentication opinions,made the judge in the use of legal knowledge and not very good at medical knowledge at the same time,can undertake value judgment,to improve the medical dispute case impartiality and rationality of the referee.The study of medical negligence standards,both help the judge,the trial in at the same time,on the basis of judicial authentication opinions and can make the judge to use an effective judgment standard.The imputation principle of medical treatment damage dispute is used more fault liability,namely negligence liability.Patients will respond to hospital exists negligence to assume the burden of proof,but that in practice,almost impossible,because itself in the process of diagnosis and treatment of patients with weak side,the particularity of medical behavior itself,and the hospital party holds a large number of professional and effective information,let patients to prove the faults of hospital is almost can’t be completed task.But if the judge fault standard has a clear and fair rules,will break the party proof difficult predicament.In this paper,yulin maternal case,standard of medical negligence into our country.