Research On Liability For Injury Resulting From Excessive Medical Treatment

Excessive medical treatment seriously violates the human rights standards of medical and health services.Doctor-patient disputes caused by excessive medical treatment are increasing year by year,and the crisis of trust between doctors and patients is escalating again.The tort liability law only regulates the excessive inspection,and does not involve other forms of excessive medical behavior.The theoretical circle has failed to take an integrated known of the legal nature of excessive medical treatment and the principle of imputation about the identification of liability for excessive medical treatment damage.In judicial practice,the load of proof allocation pattern of "the one who claims,the one.who gives evidence" causes the load of proof to be too heavy.The dual identification model of medical damage not only affects the impartiality of the conclusion of the identification,but also leads to the difficulty in the identification of liability for excessive medical damage.Based on the protection of the legitimate interests of patients and the concern for the long-term development of the pharmaceutical industry,this paper takes the liability for excessive medical damage as the starting point and analyzes the above problems in the theory and practice of excessive medical treatment in China.This article is principally consisting of four sections:firstly,majorly analyzes the causes of over-treatment,determines the legal meaning of over-treatment,expounds the impact and harm of over-treatment,and summarizes the manifestations of over-treatment The second part mainly analyzes the incrimination fundamental of excessive medical tort duty and the elements of law from the perspective of tort liability law.There is a dispute on the nature of excessive medical treatment.Some hold the doctrine of breach of contract and others on the side of infringement.From the purpose of this study,it is reasonable for the victim to seek remedy for excessive medical treatment as tort.The tenet of imputation of guilty is applicable to the determination of liability for excessive medical damage,which is conducive to preventing defensive medical behavior,balancing the interests of all parties,and realizing true fairness and justice The liability for excessive medical damage should have the following constitutive requirements:the existence of actual damage results;there is a causal relation among excessive medical cure and the outcome of damage;the subjective fault of the agent the third part makes it clear that the medical institution is the major body to undertake the duty for excessive medical damages.The indemnity fundamental of duty for excessive medical damage is the tenet of comprehensive indemnity,the fundamental of limitation indemnity and the tenet of negligence offset.In addition to compensation for damages,liability for excessive medical damage should also include making amends and eliminating risks in order to protect the interests of patients more comprehensively.The fourth part argues the shortcomings of the regulation of responsibility for excessive medical damage and puts forward some Suggestions.The scope of excessive medical treatment should be clearly defined on the legislative level,and the content of the duty of care should be included to avoid excessive medical treatment.In addition,the problem of excessive medical treatment should be resolved from the perspective of procedure:the burden of certification mitigation system should be introduced to reduce the burden of certification of patients,and the unified medical damage liability identification model should be adopted to determine the legal status of the fault medical damage liability identification model.