The Research On The Compensative Liability Of Medical Damage

The issue of the compensation for medical damage belongs to the civil basic systems, it has called comprehensive attention from the society and became one of the hot topics. However, there are a lot of defects in our medical damage and compensation regulations, these defects hinder the medical disputes from being settled. This thesis is composed of six parts with the title the research on the compensative liability of medical damage.Chapter 1 The meanings and classification of medical damage. It mainly deals with the concept of damage, the meanings and classification of medical damage. The author argues that it is ineffectual to resolve medical disputes by classifying medical damages with the standard of the medical malpractice; the alternative is the criterion of the medical action which is characteristic of technique.Chapter 2 The nature of the compensative responsibility of medical damage. The principal relationship between doctors and patients is the medical contract. If the medical negligence has resulted in the damage to the patient in the course of fulfilling the contract, it comes into being payment adhered to infliction and we recognize the concurrent liability in contract and the tort of negligence.Chapter 3 The rule of imputation and components in medical damage liability. The rule of imputation in medical damage liability is that of responsibility for faults or that of reasoning responsibilities for faults .The components of the tort liability are medical damage, medical negligence, and causality, and those of the contract liability...