Research On The Legal Regulation Of Excessive Medical Tort

In recent years,China’s medical service level has improved significantly,medical technology has made a great breakthrough,and medical facilities are increasingly improved.However,there are insufficient and unequal medical resources in China,resulting in increasingly obvious contradictions.One of the most obvious problems is the problem of excessive medical tort.This will not only damage the property,personal and spiritual rights of patients,but also aggravate the contradictions between doctors and patients,and affect the stable development of society.Although the tort liability law for the first time has a clear stipulation on the over inspection in the over medical treatment,which shows our country’s determination to regulate the over medical treatment from the legal level,there are still problems in the stipulation,which can not meet the needs of judicial practice and the protection of the legitimate rights and interests of patients,and our country needs to strengthen the legal regulation on the over medical treatment tort.Based on the existing research,this paper studies the excessive medical treatment from the perspective of tort.First of all,this paper holds that"excessive medical treatment" is the behavior of medical institutions and their medical staff,for the purpose of non-medical treatment,deliberately using the diagnosis and treatment means that obviously exceed the actual needs of patients’ diseases,violating the diagnosis and treatment norms or relevant laws and regulations,resulting in certain damage consequences,and should bear corresponding legal liabilities.Secondly,this paper holds that the excessive medical treatment is a kind of tort,which includes the existence of excessive medical treatment illegal act,subjective fault,the damage to the patient,and the causal relationship between the illegal act and the damage to the patient.At present,in the legal regulation of excessive medical treatment,only 63 tort liability laws have clear provisions on excessive examination in legislation.The lack of legislation has brought many problems to judicial practice,such as different judgment standards and different judgment results in the same type of cases,which leads to the inequity of protecting the rights and interests of patients.It can be seen from this that there are some problems in the legislation of excessive medical tort,such as the lack of legislation,the disadvantageous legal status of the patient in judicial practice,and the narrow way of relief for excessive medical disputes.Therefore,in view of the above problems,we should perfect the current legislation of excessive medical tort,balance the litigation status of both doctors and patients,clarify the system of excessive medical appraisal,broaden the non litigation relief way of excessive medical treatment,and strengthen the regulation of excessive medical treatment.To sum up,based on the clear legal nature of excessive medical behavior basically,to search for excessive medical behavior exists in the legal regulation of defects,and the regulation of excessive medical tort legislation and judicial practice,accusing the relief way and other issues put forward corresponding proposals,makes every effort to clear the obstacles existing in the judicial practice,thus realize and protect the legal rights of patients,for the future perfect our excessive medical tort law regulation provides the basis.