Discussion On The Issue That Restrictive Compensation Principle Should Be Applied To Medical Accident Damage Compensation

The issue of medical accident compensation arises and intensifies with thedevelopment of social civilization, the improvement of the medical technology andthe awakening of the civil society's sense of right. Its emergence and multiplicationwill exacerbate the responsibilities of hospitals as units for public well-being, oreven have them stuck into financial difficulty; while life of the sick should also begiven respect and protection. Therefore, we have to face the issue that is to protectthe rights of both the sick and the hospital from a real sense , to reconcile thecontradiction between the medical science and the science for life protection , andwhat compensation principal should be applied to solve the issue. Meanwhile, as one kind of tort damage compensations, which compensationprinciple to apply will be a issue that calls for solution to the medical accidentdamage compensation. Punitive damage compensation, complete damagecompensation ,restrictive compensation and compensation of fairness and balanceare all common principles available for application. At present, most scholars atour country are for the principle of complete damage compensation while only aminority are for the principle of restrictive damage compensation and even someindividual is for the principle of fairness and balance as for the medical accident 1damage compensation. Scholars from USA, Japan and other developed countriesare almost in one voice for the restrictive damage compensation principle and suchtrend has been reflected in the legislation. In the author's view, restrictive damage compensation principle should beapplied to the medical accident damage compensation and has a discussion on theissue on this point of view. Under the title of the thesis, at least four points thatneeds demonstration: First, what is medical accident and what is medical accidentdamage and which compensation principle for tort damage should be applied.Second, what common principles are available for the tort damage compensationand the definitions and applicable scope for those principles; third. What principleof tort damage compensation should be applied to medical accident damagecompensation and why it is reasonable to apply such a principle to the medicalaccident damage compensation and how to apply the principle to the compensation;fourth, issues related with the application of restrictive damage compensationprinciple to solve the medical accident damage compensation. With the object to solve these issues, this thesis is divided into 4 partsaltogether 6 chapters with introduction and conclusion., which are correspondingto the above four issues. The first part consists of introduction with chapter on. It elaborates on thenecessity and urgency to solve the problem on which principle to be applied to themedical accident damage compensation from the contradiction between the heavyeconomic burden of the hospital and the protection of the sick people's interestwith the unprecedented occurrence of medical accidents. Also it gives discussionon the concepts of the medical accident, medical accident damage and the conceptof medical accident in this thesis. This part is in correspondence to the issue of"What is medical accident and medical accident damage and what tort damagecompensation principle should be applied to it." Second chapter is second part and elaborates on the issue of the commonprinciples available at present for damage compensation application from punitivedamage compensation, complete damage compensation, restrictive compensationand compensation of fairness and balance and their definitions and applicablescope. This part is in answer to the issue of "What are the common application 2principles for tort damage compensation." The third part consists of c...