Author(s)

Zhongju Lin

Corresponding Author

Zhongju Lin

Abstract

Article 57 of the Law of the People ’s Republic of China on Tort Liability establishes the basic liability principle of medical tort liability as the fault liability principle, and made it clear that the judgment standard of the medical party ’s fault is the “medical level”. However, the specific meaning and content of the "medical level" are not discussed, which makes it difficult to apply in the practice of medical trials, which has also led to the extensive discussion in the academic community. What is certain is that among the specific evaluation criteria, which is to know if the medical side has fulfilled its obligation in its explanation as is often associated with the legal evaluation of whether there is a fault.

Keywords

Clinical Trial; Special Patients; Doctor-Patient Dispute