Public Policy,Medical Behavior and Duty: An Observation of Medical Malpractice Liability

Observing and considering tort liability from the perspective of law and policy is an important task for Chinese jurists in the post-tort-liability-lawmaking period.This article,taking as target medical malpractice liability,tends to show the subtle relation between public policy and liability attribution.The study proves that the essence of the existing public health policy is to improve medical services by way of administration and control.In this context,the function of the medical malpractice liability regime seems to center on stimulation rather than indemnity;and due to the inherent nature of medical services,attribution of relevant liability might result in stimulation's functioning more prominent.Unfortunately,China's existing medical malpractice liability regime has lots of problems in the aspects of liability attribution,mode of liability and contribution of loss,which,if not properly solved,may lead to collapse of the system and defeat of the legislative intent.