Study On Judicial Practice Of Compensation For The Damages In Medical Care

The medical treatment damages compensation dispute discussed in this thesis refers to the civil compensation depute due to the damages to the life,health and body rights of the patient caused by the medical institutions and medical professionals,including the three tort disputes,namely, medical technical damages compensation dispute of fault liability,medical ethical damages compensation dispute of fault presumption liability and medical product damages compensation dispute of no fault liability. From the perspective of patients, the professional authority enjoyed by medical institutions and doctors is often abused, as a result the relationship between doctors and patients goes beyond the nature of "serving" and "served", instead it becomes simply a relationship of "ordering" and "obeying". In this relationship there is a distinctive imbalance between the two sides with regarding to both information and rights. The patients are in a disadvantaged position. It is important to solve the dispute appropriately in order to protect the interests of the underprivileged people and ensure social fairness injustice. From the perspective of medical institutions, the science of medical treatment is a science which develops constantly through practice. It is responsible for the development of medical science and the welfare of mankind. The experience of success is built on the basis of countless failures. Medical science will become stagnant without exploring and failing. And if this happens, the interests of the mores will be harmed in a more essential way. Therefore, it is socially important to have a fair hearing of the medical treatment damages compensation dispute and place a reasonable limit on damages compensation liablity.This thesis has made survey, research and analysis on last 3 years'hospital-patient disputes and medical treatment damages compensation disputes in the city of Chaohu and uses the medical treatment damages compensation disputes in the city of Chaohu as a point to extend to nation-wide medical treatment damages compensation cases. The thesis analyzes the basic characteristics of medical treatment damages compensation cases as well as the causes for the disputes. And with regarding to the regulations on medical damages liability in Tort liability Law as well as the cases in court practice, the thesis emphasizes on analyzing difficult problems involving the unifying and standardizing of cause of action, The application of the criterion of liability, the distribution of proof burden, the application of the system of authentication, the hearing of the case history disputes and the application of compensation system in the medical treatment damages compensation disputes in court practice, does theoretical research and exploration on these problem and proposes solutions. This thesis supports the application of a unified "medical treatment damages compensation" without the distinction of medical accident liability and medical fault liability. The application of criterion of liability in medical treatment damages compensation liability has a direct effect on distribution of proof burden between the two sides of the hospital and the patient and determines whether the legal rights and interests of the two parties can receive fair protection. It is inappropriate to apply the fault liability or fault presumption liability completely. The author asserts that medical treatment damages liability should be divided into 3 types, namely, medical treatment technical damages liability, medical treatment ethical damages liability and medical product damages liability. And it is necessary to apply different criterions of liability for different types of liability and uses the respective criterion of liability as a basis for the distribution of proof burden. And on compensation standard, the application of defend laws,namely, The Regulation on the Handling of Medical Accidents and General Principles Of The Civil Law according to the distinction of medical treatment accident and medical treatment fault in current court practice is against the principle of fairness and justness. It is important to stick to the unified application of law and apply the related regulations in Tort liability Law on the scope and standard of personal damages compensation on the medical treatment compensation cases, ensure fair treatment of all medical treatment compensation cases and sufficient protection of the legal rights and interests of patients. Lastly, the thesis analyzes some defects in the current legal regulations of medical treatment damages liability from the perspective of the court practice, proposes several ideas on the perfection of the current legal regulations of medical treatment damages liability, hoping to provide some inspirations for the future perfection of medical treatment damages liability system.