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On Medical Damage No-Fault Liability

Posted on:2004-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q F YangFull Text:PDF
GTID:2156360095952181Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Medical dispute is becoming one of the important social problems in China today. There are two cause that causes that lead to medical dispute: One is general occurrence of damages; the other , difficulty in relief right of the victim, on the other hand, present system of negligent liability is unable to make up these two defects. This paper aims by comprehensive and systematic introduction and study of no-fault liability system, to deal with its advantages in supplying a gap for medical damages, its applicable instance in other countries, and the development of medical damages relief, which can provide academic basis and fundamental thought for no-fault liability system which is applied in china.This paper argues that no-fault Liability of compensation is accordant with the development of modern civil law,Though a developing country, it is feasible and necessary to adopt no-fault liability in china In overseas practices no-fault liability falls into two categories: the first is to require the sufferer to provide proof of causality between medical conduct and the damages. The second is simply aimed of damage compensation, that is, where there is damage there is compensation. The latter pays more attention to diversification of risk, which is more appropriate for china to adopt.By means of case analysis, comparison analysis, economy analysis, the paper demonstrates the advantages of no-fault liability in cutting down medical disputes and diversifying medical risks, Also, the paper hold that though we adopt no-fault Liability, we don' t mean to deny negligent liability. As far as the system of negligent liability is concerned, no-fault liability is an effective supplement.In conclusion, it is a trend to adopt no-fault liability system in medical damages compensation, which practically and academically proves to be an effective and worth-pursuing approach in reducing medical disputes and compensating damages.
Keywords/Search Tags:Medical Damage, Medical Damage No-fault Liability, Medical Insurance
PDF Full Text Request
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