On the danger of allowing its application in medical negligence in the use of.docVIP

 PAGE \* MERGEFORMAT 17 On the danger of allowing its application in medical negligence in the use of [Paper Keywords] the danger of allowing the use of medical negligence [Abstract] In view of the high complexity of medical care, health care industry is a high-risk industry. In medical practice, medical personnel on the diagnosis and treatment are subject to the restrictions on the level of medical advances, many examination, diagnosis and treatment methods have different degrees of risks. Nevertheless, the development of the medical profession can not due to the presence of dangerous stagnation. Therefore, it can be allowed in the medical negligence in the application of risk theory to reduce or waive the responsibility of the perpetrator’s fault in order to ensure the normal conduct of medical activities and medical career development. According to the traditional negligence theory, the act in knowing that the threat of an act under the premise of the existence and implementation of the act, leading to harmful results occur, bears negligence. However, in the medical acts blindly apply the traditional negligence theory would be wrong. Such as in case of emergency, a doctor to save lives, cure diseases, is usually taken measures failed to achieve the purpose, braving the risk of infringement of legal interests, the implementation of such acts, such as amputation or blood caused by negative consequences, we must not assume liability. Three-drug, anesthesia accidents may occur at any time, surgical blood loss risk will occur, if these medical risks and medical doctors have to bear the responsibility for accidents is clearly contrary to the principles of fairness and justice of law. Therefore, in dealing with medical negligence apply when the danger of allowing the theory has important practical significance. 1, allowing the Danger Theory “Allowable risk” was originally put forward by the German scholar von Bar, and after nega