Comparison of Causality Responsibility Between Our Country and Other Countries in Medical Damage Compensation

Jin-guo WANG, Na WANG

Abstract


Compensation responsibility of medical damage refers to the established legal causality in medical negligence and the fact that causality is detected between harmful consequences and medical malpractice. Under the premise of establishment of causality, the judge will judge whether the medical negligence is illegal according to the law, which will ultimately determine whether health providers shall be responsible for compensation. The methods of causality in law in our country include direct consequence rules, probability rules and reasons rules. The causality theory abroad has important guiding significance, which can help us understand and apply the theory of causal relationship to medical damage compensation cases fairly and reasonably.

Keywords


Medical Tort, Causal Relationship, Fact Causality.


DOI
10.12783/dtem/eced2017/9871

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