关键词:

Abstract: [Abstract] The medical dispute in current China has become increasingly serious, we hold the opinion that, one of the primary causes of this situation is confusion of the concept and indetermination of the permission in identification mechanism about the medical damage and corresponding responsibility. In this article, after deliberating the relevant regulations about medical damage in Tort Liability Law combined with the experience in medicolegal expertise and related articles, we make a point to unify the analysis of qualitative and quantitative about causality and causative potency in medical damage and causes of casualty and its corresponding degree of contribution, meantime, we also try to clarify the scope and permission in medicolegal expertise, concepts of qualitative and quantitative analysis of the causality and degree of responsibility. As a result of qualitative and quantitative analysis of the causality and causative potency in medical damage, and consideration mainly based on ICD (Internetional Stastical Classification of Diseases and Related Health Problems) of WHO, we finally classify all the factors that involved in the medical damage into eight categories after : underlying cause, intervening cause, contributory cause, inductive cause, immediate cause, irrelevant factor, synergetic cause, combined cause. The respective corresponding causative potency (degree of contribution) are : 60%-100%, 30%-40%, 20%-30%, 0%-20%, 0 or 100%, 0, f%/n,100%×n. On one hand, the point in this article can guide us analyze the causes in medical damage much objectively and accurately, guarantee the judicial expertise of medical dispute fairer and more reasonable and avoid fault or missing caused from confusion of causality in judicial expertise, on the other hand, it can also be a more scientific evidence for judge and sentencing and civil compensation in cases of medical tort. At last, we think it can make a significant contribution to calm down the medical dispute and relieve the tense doctor-patient relationship.

Key words: medical damage, causality, causative potency, degree of contribution, degree of responsibility