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Studies On The Civil Liability Of Medical Damage

Posted on:2007-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhouFull Text:PDF
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Recently, with the rapid development of modern medical technology and the constant extension of therapy scope, people's health has been improved greatly. Accordingly, a large number of medical disputes have also taken place, which has attracted great concerns from the society. At present, there are relatively more serious disputes involved in the nature of medical damage, the imputation of civil liability and the application of law in China's legal society; Relevant laws and regulations concerning the settlement of disputes are still incomplete. There are conflicts and contradictions among current laws and regulations; beside, in actual practice, there are also issues including different identification, repeated identification and so on. These circumstances have led to serious disorder in the handling of medical disputes arising from the country's judicial practice and both doctors and patients have made much complaint. Objectively, it does no help to ease the ever growing tense relationship between doctors and patients.The thesis consists of five chapters, mainly including two sections. The first three chapters mainly focus on the explanation of legal theories on medical injury and civil compensation; and the later two chapters mainly focus on several outstanding issues in the judicial practice concerning medical damages as well as some personal opinions on the completion of medical compensation system.The first chapter of the thesis distinguishes medical damage from medical accident by defining the concept of medial damage. In this chapter, it is pointed out that medical damage mainly refers to the damage of patient's person rights and property rights caused by medical damage. The second chapter analyzes and explores of the nature of civil liability concerning the medical damage, points out that it is more proper to include it into tort liability from the perspective of protecting legal rights of protecting patients. In addition, from the perspective of tort liability, it is put forward that the liability of medical damage mainly includes four constituent elements including medical negligence, illegal medical practice, medical damage results, and the cause-and-result relation between medical negligence and medical damage results. At the end of this chapter, it is also pointed out that to balance the interests between doctors and patients, the principle of presumptive fault is the major principle of culpability involved in medical damage compensation.The third chapter of the thesis analyzes issues on the medical damage compensation in details. And medical damage compensation shall follow the principle of limited amount compensation, the principle of property compensation, the principle of contributory negligence and the principle of laying emphasis on both the protection of the patient's legal interests and the development of medical technology. Then, the relevant summary and compensation scope are made according to applicable law. In the end, several cases are studied to explain causes for medical damages impunity.Fourthly, the forth chapter studies several outstanding issues in the judicial practice concerning medical damages. In view of various problems arising from the applicable law of current medical damage compensation so as to find applicable law, reach uniform standard on physical damage compensation and protect legal interests of patients. The author tries to put forward relevant solutions from his own point of view and analyze a series of issues involved in the identification of medical negligence, and the burden of proof and so on.In the end of the thesis, the author puts forward some personal opinions on the completion of medical damage compensation.
Keywords/Search Tags:medical damage, doctor-patient relationship, medical dispute, civil compensation
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