| Summary: | At the beginning of the 1970s, the United States turned onto the winding
road of medical malpractice compensation. With the goal of properly
dealing with this issue, the United States embarked on a process of
continuous reform. In recent years, the number of disputes over medical
malpractice liabilities in China has increased considerably. However,
dealing with these disputes in accordance with the provisions of the
current law is not going smoothly, and maybe we can learn from the
experiences of the United States. The relevant measures for the solutions
to medical malpractice in the United States and China will be analyzed
from a comparative perspective. These include enactments of medical
malpractice, the classification of medical malpractice, the doctrine of
liability fixation, the burden of proof, the criterion of judging negligence,
the liability subject, the authentication system, expert witnesses, standards
of compensation, and suggested reforms in the system of the medical
malpractice liability, including stipulating the medical malpractice liability
of administration in the Civil Code, optimizing the criteria of recognizing
negligence, applying organizational fault liability, establishing pilot
projects of no-fault medical liability, developing an open mechanism for
medical malpractice disclosures and improving the capacity to deal with
medical chaos
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