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A Study Of A Regime Of Medical Malpractice Indemnity Of Macao

Posted on:2004-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:D R DengFull Text:PDF
GTID:2156360092995794Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Each stage of human development and aging has a close relationship with increased medical interventions. There are inherent dangers that the patient's safety because of medical mistakes or negligence, the levels of which vary case to case, may compromise health. All patients expect a certain level of care and in case of the negligence of medical professionals that cause damage on the life, body and health of patient, that patient should expect a certain level of compensation correspondent to the damages. This thesis studies and investigates the necessary indemnity/payment relationship caused by medical malpractice and is composed by Preface, 6 chapters and closing term. They are as follows:Preface refers to the main issues of this study. They are the motive, value, scope and the methodology as well.Chapter one is about medical malpractice and the related concepts which must be identified, enabling the definition of related behaviors and being the foundation and evident in the course of incident treatment.Chapter two is about the legal-medical relationship, indicating the legal relationship between doctors and patients, especially the relationship formed by the clinical behavior acted by doctor to patient, including consensual, non-consensual and forced relationships, and respective facts that cause civil liabilities as well. Then can get along the legality and making proper relief for the patient with a corresponding legal judgment if and only if knowing the relationship of legal subjective bodies of medical malpractice.Chapter three is about medical damages, discussing its' concept, medical damage's facts and classification. The mentioned facts include the facts of economic loss and non-economic loss, enabling to find the rights, which protect the patients who are injured by damages fact, regulated by civil law of Macao Special Administrative Region (SAR).Chapter four concerns the civil liabilities of medical malpractice. This chapter explains the nature and requirements of its composition, analyzing the behaviors of specialists who do not accomplish their duties. At the same time, indicates the facts of attributes of medial malpractice, the caused liabilities by negligence and its causality, and the test responsibility related to the negligent fact assumed by doctor and patient.Chapter five concerns the damage indemnity of medical malpractice, discussing the responsible subjective bodies, requirements of its composition, ways and contents of effort, and basic criteria as well. On the other hand, analyze the proper damage indemnity under the damage facts in conditions of the application stipulated in civil law of Macao SAR.Chapter six concerns the legislation of damage indemnity of medical malpractice of Macao, concluding discussing points of the above chapters, merging the legal theory and practical demands of Macao, suggesting the legislation of damage indemnity of medical malpractice in application of the present legislations of Macao SAR in harmony with different skills, regulates expressively the attributes of damage liability and scope of medical malpractice, and provides the respective legal framework serving as reference for legislators.Closing term concludes points of view of whole thesis and provides peculiar interpretation that is applicable to the present legislations of Macao SAR.
Keywords/Search Tags:Legislations of Macao, Medical malpractice, Indemnity of medical damage.
PDF Full Text Request
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