Font Size: a A A

The Duty Of Care Research During Physician Diagnosis And Treatment Activities

Posted on:2012-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:X QinFull Text:PDF
GTID:2166330335972358Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, an endless stream of medical malpractice cases happened, and the number of them increased year by year. In the trial Practice, the main problem of dealing with such cases is how to properly identify the problem the fault of the medical side. The key issue is to do fault breach of duty of care physician judgments. Currently, New "Tort Liability Act" has been promulgated and implemented. The standard of duty of care during the activities of treatment by medical staff was defined in Article 57. Behavior of the clinic medical staff should adapt to" the medical standards at that time." The key of the determining whether the physician has fault is how to correctly determine the "prevailing medical standards." However, due to extreme professionalism and opacity of the medical problems (The medical profession for the pathogenesis of many diseases has not been elucidated) and the special nature of the medical act itself (Experiential, developmental, individual differences, etc.).Determining the physician's duty of care also faces difficulties. In order to be able to resolve the current "criteria fuzzy" problem and improve the level of judicial practice of medical litigation, I try to discuss the origin and the content of the duty of care. On the ground, I promote the standard of how duty of care corresponds to the medical standards at that time. Those are "a qualified physician standard" and "medical level standards." I hope the fair referee can relieve patient contradiction and promote social harmony.
Keywords/Search Tags:physician diagnosis and treatment activities, duty of care, qualified physicians, medical standards
PDF Full Text Request
Related items