The Research In The Moral Injury Compensation In The Medical Malpractice

In recent years, with the development of the strength of people's right consciousness, massive quantity of medical disputes and lawsuits appear and grow rapidly, the compensation for the moral injury in medical disputes has been a hot issue that people concerned with. However the legislative practice of moral injury compensation starts late, in particular the compensation for the moral injury in medical malpractice, the system is not perfect development; the lack of the legal system is also fully reflected in the cases of the compensation of moral injury in the medical malpractice.The article starts with the analysis of the concept, function, legislation and other aspects of moral injury, combines with the reality of the compensation of the moral injury in the medical malpractice, on the basis of comparing to the advanced legislation and cases, clarifies the subjects of rights, the range and principle of the compensation, stresses some factors that should be considered, discusses the amount and paying problems of the moral injury compensation in medical malpractice. The author raises some suggestions in order to help to form a well legislation system to solve the medical disputes of moral injury compensation.