Study Of Excessive Medical Tort Liability

With the development of China's social and economic level and the improvement of the rule of law,people's awareness of legal rights has increased significantly.When medical behavior damages the relevant rights and interests of patients,patients often maintain their legitimate rights and interests in various ways.In the environment of frequent disputes between doctors and patients,the judiciary has become the most important and final level for people to protect their own interests.The perfection of the law and the application will directly affect the effectiveness of rights protection.The Tort Liability Law provides a special chapter on medical infringement in Chapter VII.Article 63 stipulates that "no unnecessary inspections should be carried out in violation of the medical treatment norms" can be regarded as a provision for excessive medical treatment.A major advance in civil legal regulation of over-medical problems.However,Article 63 of The Tort Liability Law only provides for "unnecessary inspections",and has not yet provided provisions for excessive treatment,excessive care,etc.,making this application more limited in legal practice.At the same time,due to the particularity of medical behavior,medical infringement involves the content of two different disciplines of medicine and law.Domestic research on over-medicalization mostly focuses on medicine,public administration and other disciplines.The legal perspective on medical care is mostly concentrated on medical treatment.Problems such as relationship,medical malpractice,and personnel corruption have not been thoroughly explored for excessive medical care.How to define the "over-medical" law,the composition of excessive medical tort liability,the principle of imputation,the scope of compensation,etc.,are still the subject of "suspending" in both theoretical and judicial practice,and have not yet formed a relatively authoritative,uniform standards.This article is based on the definition of over-medical treatment in different disciplines such as medicine,ethics and law.It discusses the connotation and extension of over-medical law,which leads to the discussion and definition of over-medical in the legal circle.It is proposed that over-medical means medical institutions,and in the course of specific medical treatment,the medical staff has carried out the medical care measures required by the disease itself,causing unnecessary damage or loss to the patient's property.Then it analyzed typically of over-medical treatment from over-examination,over-treatment,and over-care.After that,it analyzed the principle of over-medical liability,analyzed the constitutional elements of over-medical exemption,and proposing whetiher medical behavior is.In the case of excessive medical behavior,it is necessary to start from the two subjective and objective aspects of whether the medical behavior violates the medical treatment norm and violates the doctor's duty of care.At the same time,it refers to the regional differences in medical level and reasonable doctor discretion.Finally,in response to the shortcomings and problems existing in China's current civil law regulations,reasonable legal regulation recommendations are proposed.