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Research On The Medical Malpractice

Posted on:2009-06-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:B M XuFull Text:PDF
GTID:1116360272984072Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, medical injury has become a worldwide social problem. In mainland China, the situation is more serious. The relationship between doctors and patients is getting worser and worser, and sometimes the dissensions between them evolve into criminal cases. In fact, neither doctors nor patients are winners. Although there are many reasons for this phenomena, one of the most important reasons is our fallacious medical malpractice system. In order to establish a reasonable medical malpractice system and reduce medical injury, the author choose to research on the medical malpractice liability.This dissertation is divided into preface and five charters:Preface is the introduction of the background, the purpose and the framework and the research methods of this dissertation.Chapter one mainly introduces the history and the current rules of medical malpractice liability of China, the United States, Germany, France, Japan, Netherlands and the U.K. The conclusion is that inconsistency of the rules in the field of the medical malpractice is one of the conspicuous defects of our medical malpractice system.Chapter two discusses the basic of the medical malpractice claim. In general, there is always a contract between doctors and patients which is called medical contract. If a patient suffers from medical injury, he can claim the compensation for damages on the basic of the contract breach or tort.Chapter three expounds the composing of medical malpractice liability and the onus proband. The first element is medical injury, such as the loss of life or the health damage. The second element is medical negligence, only when a doctor has medical negligence, can a patient has the right to claim the compensation for damages. The third element is the causation between medical act and medical damages. The persons who can claim the compensation include patient and his close relatives. As the inquisition indicates there is insufficiency in medical malpractice liability field, the author disagrees putting a cap on the compensation of medical malpractice.Chapter four analyses the limitations of our current medical malpractice system, including inconsistency of the rules in this field, the cost is too high, the compensation is not enough,ect. So the author puts forward some suggestions, such as unifying the rules, stipulating the medical malpractice liability insurance as mandatory insurance, increasing government input,ect. Only by taking various measures, can we establish a reasonable medical malpractice system and reduce medical injury.The last part gives a brief conclusion of this dissertation. The conclusion is that in recent years, people pay more attention on the medical malpractice. In mainland of China, there are many defects in this field. In order to solve the problems, we should seek the answers not only from the medical malpractice systems itself, but also from other fields.
Keywords/Search Tags:Medical injury, Medical act, Basic for claim, Medical malpractice, Medical malpractice liability insurance
PDF Full Text Request
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