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Research On Medical Tort Liability

Posted on:2011-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ZhouFull Text:PDF
Abstract/Summary:PDF Full Text Request
The dissension upon medical has been increasing strong and the relationship between doctors and sufferers has been increasing tense in the near years, even the phenomenon of cruelly raiding doctors appears somewhere. Due to the execution of tort liability law, the medical tort liability may be newly refined and the treatment on the dissension upon medical is legally systematized. To construct a harmony relationship between doctors and sufferers, define the medical tort liability and to legally treat the dissension upon medical, the related concepts need to be cleared, the inscape and charging of the medical tort liability need to be defined, and the relationship among the existing laws need to be completed.Based on the tort liability law, this article aims to clear concepts of medical behaviors, tort and medical tort behaviors, divide the medical tort liability into intent tort liability and defect tort liability, analyze the bodies charged for the medical liability and the scope of liability and the combining of the medical tort liability and the medical breach liability, display the existing medical rules, define the statues of related medical rules, deeply analyze the deficiency of these medical rules including straightening out antique rules, the defect of medical legislation ideas and others, in the last, bring forward purposive advice on improving the medical tort compensation system including legal system which consists of constituting special medical law and constructing different compensation system and related system which consists of medical liability insurance, arbitration upon medical tort and authenticate upon medical tort liability.
Keywords/Search Tags:tort liability law, medical tort, medical tort liability
PDF Full Text Request
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