Comments On The Tort Liability Of Overtreatment

Before the medical technology barrier has collapsed,the survival soil of overtreatment has never been barren,and the node under the butterfly effect is a long medical expense document.Under the premise of the close combination of theory and practice,this paper analyzes the tort specific liability out of attribution of the excessive medical in China,and intends to explore a new mode of allocation of responsibility in the field of medical justice and consolidate the land.Details are as follows.This paper is divided into five parts.In the first chapter,the author defines the connotation and extension of excessive medical behavior.First,refining the concept of overtreatment;next is its various forms,and analysis of similar behavior,including appropriate medical treatment,defensive medicine,medical accident etc;Chapter two will discuss the constitutive requirements theory of excessive medical tort liability,and analyzes the illegality of excessive medical treatment,the author thinks that the theory of four elements in the problem of excessive medical tort can balance the rights and obligations between doctors and patients;The third chapter describes the primary structure of excessive medical tort liability.This part uses the four elements theory of tort to analyze the primary structure of excessive medical tort liability.In addition,the excessive medical tort liability defenses are also discussed;Chapter four will discuss how to assume the liability for tort.the excessively medical compensation main body,the scope of excessively medical tort damages compensation,and compensation amount were discussed,Among them,the author focuses on the specific analysis of medical expenses and mental damages.what is contributing to the actual operation of excessive medical tort damages compensation in reality;The fourth chapter focuses on the derivation of the attribution of excessive medical tort liability.The author analyzes the advantages and disadvantages of the path of tort relief and remedies for breach of contract,and thinks that the choice of tort relief path can safeguard the legitimate rights and interests of patients to a greater extent.