Font Size: a A A

Study On Several Law Issues Concerning Medical Malpractice

Posted on:2006-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:G P YangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Medical malpractice is a tough problem for medical establishments and tension often exists between the establishments and the patients, which possibly results in the instability of society. Form the perspective of protecting the legal interests of both the patients and the medical staffs, it is desirable to elaborate on the issue of medical malpractice with view of providing practical guidance.The main body of this dissertation is composed of three chapters.Chapter One deals with the definition of medical malpractice, covering mainly the interrelations between medical malpractice, concerning controversy and medical dispute. This chapter also distinguishes the concept of behavioral agent (the medical staffs) and that of responsibility agent (the medical establishments) and defines the nature of the medical establishments and medical behavior, thus putting forward the reasons why the identities of medical staffs and the would-be medical staffs need conformation. By distinguishing the three concepts of the-person -seeing -a -doctor, the disease affected person and the patient, the authors holds that the first one is accurate in handling disputes in medical malopractice.From the angle of the interpretation of the origins of the medical laws, Chapter Two argues that the medicine-law relations belong to category of health law by comparing the concerning administrative relations and civil relations. Owing to theparticularity of medical behavior, the concerning evaluation needs to conform to the general principles and certain special ones stemmed from the particularity as well.Chapter Three is devoted to the nature of technical expertise concerning medical malpractice and the feasibility that the Medical Association takes charge of the expertise, maintaining that the conclusion of the technical expertise is not only objective and law-confirmed but also subjective to certain extent. Therefore, the system should be introduced that the experts in charge should be inquired during the technical expertise. By a survey on the neighboring countries and areas, this dissertation holds that Chin's current countermeasures to medical malpractice are simple and inflexible; therefore, China should promote the third-party mediation by the People's Mediation Commission and establish the medical arbitration system. There are 42, 000 words in this article.
Keywords/Search Tags:medical malpractice, dispute concerning medical malpractice, technical expertise, disposal methods
PDF Full Text Request
Related items