Chinese Medical Negligence Law

Abstract

China’s Tort Liability Law (2009) presents a new line of thinking about Chinese medical negligence law. It shows loyalty to the basic theory of fault-based liability and the objective test for standard of care. This chapter examines the Chinese legal rules regarding medical negligence, and separately analyzes the Chinese informed consent law. China’s Tort Liability Law follows the practice of allowing medical profession to decide their affairs. For the first time, it makes tort liability available for patients when they allege doctor’s breach of the informed consent rule. It expands the scope of information disclosure to include both medical risks and alternative treatment options. However, Chinese medical negligence law suffers from a lack of detail and clarity. It does not draw a clear distinction between diagnosis/treatment and information disclosure. With respect to this, Chinese law can benefit from examining and borrowing common law principles and rules. Keywords:China’s Tort Liability Law; Chinese medical negligence law; fault-based liability; standard of care