An Analysis Of Wang V.Rugao Hospital Of Traditional Chinese Medicine And Other Medical Damage Cases

Benign physical health diathesis is an important symbol for prosperity of a country,meanwhile a harmonious doctor-patient relationship is the key part of social stability.In recent years,there have been more and more cases of medical damage liability disputes,and their problems in judicial practice have become increasingly serious.In such cases,there are many controversises regard ing the constituent elements of medical damage liability,such as the determination of fault,the definition of damage consequences,and the determination of causality.In response to this phenomenon,combining with relevant laws and academic knowledge,and using empirical analysis,interdisciplinary research,and normative analysis to analyze the three representative cases selected.Among them,the case of Wang v.Rugao Traditional Chinese Medicine Hospital’s medical damage liability dispute was taken as the main case.The three controversial points of the case were summarized as following: whether the hospital had a fault,Whether the sample case has damage results,and whether there was causality between the hospital’s fault and the damage results.There were theree conclusions after analyzing the controversial points one by one: first,Rugao Traditional Chinese Medicine Hospital has not fulfilled its corresponding obligations in terms of consultation,inspection,and diagnosis,so that it has misfeasance;second,Wang was diagnosed for cauda equina syndrome and urinary tract infection as the results of medical damage;third,the results of medical damage of Wang were caused by his original disease,so there is no causal relationghip between the misfeasance of ho spital and the damage result of Wang.However,this conclusion is different from the trial result of the court.The judge concluded that hospital was liable for medical damages,which based on the result of the medical accident identification,and believed that the hospital had a fault and there was a causal relationship between the fault and Wang ’s damage result.In this case,the court relied too much on medical malpractice appraisal opinions when judging whether there were faults and causality,and did n ot conduct a substantive review of such opinions,which would undermine judicial justice.From the interdisciplinary perspective of medicine and law,the above problems are analyzed,and the two aspects of thinking and suggestions for improving the diagnos is and treatment fault identification standards,clarifying the relationship between judicial decisions and medical damage identification are proposed,in order to provide some substantial assistance to future medical damage disputes.