A Study of the Judging Criteria of Medical Negligence

Medical negligence refers to the harmful consequences caused by the doctor's neglect of the duty of care,which is also one of the necessary compositions of the medical damage compensation liability.Considering the particularity of the medial treatment,we should judge the duty of care according to the objective standard.If there are written laws and regulations on the duty of care,medical negligence can be judged by the concrete standard and,reversely,by the abstract standard.Meanwhile,the particularity,the regional difference and the urgency also should be considered.It has great importance for the just judgment of whether the medical negligence exists or not.