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Legal Research On Medical Tangle

Posted on:2012-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:X MengFull Text:PDF
Abstract/Summary:PDF Full Text Request
November 21,2007, in Beijing's Chaoyang District, Xiao Zhijun in hospitals, her husband refused to sign consent during surgery, resulting in the deaths of pregnant women, has aroused extensive attention. Emergency situations due to lack of reasonable communication between doctors and patients delay treatment, resulting in the deaths of patients also frequently occur. Open the newspaper or surfing the major sites, the media are often concerned about the perspective of those closely related with the topic of our lives. Despite the implementation of the "People's Republic of Tort Law, " refused to sign the emergency surgery on a single case of special provisions were made, which issued in 1994 compared to a "medical institution regulations " a historic step forward. However, in our current doctor-patient relationship has reached a tense premise, the actual legal effect was undermined. Between doctors and patients lack the most basic trust, leading to the medical side suffering abuse for fear their health care costs increase, medicine, rescue endangered because it is worried that patients might provoke unnecessary medical disputes, often a negative attitude to face or deal with. Once the single-family refused surgery, the medical side still may choose to play it safe rather than positive attitude of the patients for emergency treatment. Precious life is rigid system into the edge of death, say that this is a sad thing. We as a legal person can not stay out, how the legal means to curb the occurrence of similar tragedies become an urgent problem.We will take this case as the starting point, the basic facts of the case through the introduction of the case with the community and views of different disputes, focusing on the theory of civil law in order to study the case, including several areas:the medical case the husband Staff reflected deep distrust of doctor-patient relationship has been a very tense situation, the author reasons for this phenomenon from the start, combined with our current medical system, for these advanced experience of home and abroad make improvements to the source Start to ease a crisis of confidence. I will also be the case in emergency surgery refusal notice of the case informed the new promulgated in China, "People's Republic of Tort Law", we analyzed the actual medical process for both doctors and patients may experience delayed Disclaimer A matter of time patients with the best treatment, medical harm occur, will inevitably lead to medical disputes, once proceedings start, will determine the allocation of the burden of proof in proceedings between doctors and patients who are more dominant, unreasonable distribution is bound to further deepen the Medical Suffering from conflict, so the burden of proof in medical dispute inverted discussion of the limitations of rationality is particularly necessary. Furthermore, the legal property of the contract for medical analysis and thinking is also the author will focus on one aspect. Finally, for medical dispute the actual existence of several remedies analysis of the pros and cons, I will give proper legal analysis and advice. Hope that through the analysis of the case, can the future be reasonably similar to the medical dispute resolution.
Keywords/Search Tags:doctor-patient relationship, crisis of confidence, Burden inversion, Medical malpractice
PDF Full Text Request
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