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A Comparative Study Of The Problem Of Medical Mistakes

Posted on:2007-02-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:B Y YangFull Text:PDF
GTID:1116360182481784Subject:International law
Abstract/Summary:PDF Full Text Request
The purpose of this dissertation is to make special research on thefault issue in relation to the compensation for medical damages. Thispaper will focus on the following issues on the basis of taking thelegislative and judicial practices and theoretical opinions of othercountries (or region) as reference:Chapter One Medical Damages and Medical FaultsThis chapter mainly discusses the definition and characteristics ofmedical behaviours, medical malpractice and medical injuries, medicalrelationships, the concurrence of tort liability and default liability,the obligee's choice under the circumstance of liability concurrence andmedical damages and medical negligence, etc.Chapter Two Determination of Medical FaultsThis chapter first analyzes the general method of faultdetermination in tort law, and then specifies the expert liability of thedoctors and the determination of the doctor's faults. As a result, theobjective determination standard (including statutory standard andgeneral objective standard) is adopted. Meanwhile, this chapter discussesin detail the general duty of care of the medical institutions and doctors,and the fault determination during all kinds of inspection, treatment andnursing activities in respect of doctors and nursing staff. Furthermore,issues such as the negligence of majority and relationship between medicalnegligence and medical morality are also discussed in this chapter.Chapter Three Defences of the Medical SideFirstly, the chapter analyzes the theoretical issues concerning thepermissible danger and the patients' rights to information and acceptance;then further discussion is made in respect to the defences of the medicalinstitutions stipulated in Medical Treatment Regulatdistribution ofliabilities.Chapter Five Comparative Research on the Burden of Proof in Respectof Medical FaultsThis chapter first introduces the legislative examples and judicialpractices concerning the proof of faults in foreign countries (includingthe United States, Germany and Japan) and Taiwan Region;and then furtherdiscusses the allocation of burden of proof in compensation of medicaldamages currently applicable in our country. On the basis of taking theexperience of foreign countries as reference, the author providesresolutions to the problems currently existed in the understanding andapplication of the rules of evidence in medical damages compensationcases.Chapter Six Analysis and Research on Legislation of Medical Faultin Civil LawThis chapter lists and analyzes the stipulations concerning themedical fault specified in the draft of Civil Law code issued by theStanding Committee of the National People's Congress and in the suggesteddrafts of several civil law scholars. On the basis of the foregoingdiscussion and analysis, the author makes in this chapter his ownsuggestions for the formulation of the tort law section in the civil lawcode.
Keywords/Search Tags:Medical Faults, medical malpractice, doctors
PDF Full Text Request
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