Article 1221 of the Civil code stipulates the liability for medical technology damage,and its core concept is"the medical level at that time".The concept has been controversial since it first appeared in Article 57 of the Tort Liability Law.The experience of Japan,Germany,and Anglo American law suggests that"the level of medical care at that time"should be understood from the perspective of general duty of care.For the judgment of the"medical level at that time",it is necessary to have a correct understanding of the differences in the effectiveness of diagnostic and treatment norms.Compulsory diagnostic and treatment norms themselves are obligations of care,while authoritative and reference diagnostic and treatment norms are only important basis for judging medical attention obligations,rather than the only standard.When examining the"medical level at that time",a general fault theory should be followed,and the main judgment steps can be divided into:correct understanding of the role of diagnostic and treatment norms,respect for minority perspectives,increasing attention to risk prevention and avoidance requirements,considering the differential impact of medical resource allocation,and carefully reviewing the discretion of physicians.
medical personnelmedical technology damagediagnosis and treatment obligationsthe medical level at that time
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