An Empirical Study On Medical Damages Liability Dispute

With the transformation of social system structure and the deepening of medical reform,people’s awareness of safeguarding their rights is gradually enhanced,medical dispute cases continue to increase,and more and more people choose to remedy their rights through litigation.Although tort Liability part of the Current Civil Code has standardized the trial of medical injury liability dispute cases in principle,there are still many problems to be discovered and solved in judicial practice.In addition,due to the strong professionalism of medicine,medical liability disputes are often complicated,and it is difficult for judges to hear cases.Therefore,it’s very need empirical study on medical damage liability disputes,in order to make clear in many legal problems in the process of medical damage liability disputes cases.Then we can further standardize the medical damage compensation disputes legal relationship,to promote access to justice of medical damage compensation dispute cases legal function and social function.Based on the medical damage liability disputes in Beijing in 2019 as the research object,the study develops by the train of finding the problems,analyzing the causes and solving the problems,mainly including the following parts:The first part is the introduction of basic theory.Firstly,the concept of medical damage liability is briefly explained,and then the identification of medical damage liability and the standard and scope of damage compensation are introduced.The second part is empirical analysis.Taking 323 cases in Beijing in 2019 as the research object,this study analyzed the status of medical injury liability disputes in three aspects:court trial,proof and judgment compensation.The third part finds the problem.Based on empirical research,this part analyzes the status quo of medical injury liability dispute cases and points out the problems and deficiencies in judicial practice in the above three aspects.The fourth part is the cause analysis of the problem.This part analyzes the causes of the problems in judicial practice by connecting with relevant theories and legal norms at home and abroad,providing theoretical basis for the following suggestions.The fifth part puts forward suggestions.In view of the deficiencies in the adjudication of medical liability disputes mentioned above,according to the causes of the problems,corresponding improvement measures are put forward from three aspects:reforming the court operation mechanism,perfecting the evidence proof mechanism and perfecting the medical insurance system.