From medical malpractices to medical civil liability in the legal system of the People’s Republic of China

Abstract

Objectives: Firstly, to test whether the regime of medical accident regulated by the Regulation on the Handling of Medical Accident loses its practical use since the effectiveness of the Tort Law of the People's Republic of China, which provides for a regime of liability for damages caused by medical treatments; Secondly, evaluate whether  the characterization  of medical accident is still part of medical civil liability regulated in the Chinese Tort Law ; Thirdly,  discuss if both regimes -  which now  originate from different legal documents -  contain the same requirements and the same scope. Methodology: were mainly based on bibliography and the investigation of norms related to both regimes.. Result and Conclusion: even though the regime that regulates  medical accidents loses its practical use regarding the medical civil liability, it still maintains its utility as a practical guide for  administration  . The existence  of medical accident is not a direct need  to characterize medical civil liability regulated in the new law. The illicit fact, medical negligence or fault, damage, causality and medical institution and medical staff members as subjects are the requisites of both regimes.  Notwithstanding some of them have different understanding, such as the  contents relating to the illegality, to medical negligence or fault and  damage.