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Study On Certain Issues To Medical Damage Compensation

Posted on:2008-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:D Q ZhangFull Text:PDF
GTID:2166360212493549Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The compensation for medical damage is becoming as the extrusive social problem. The reform of society requires the new system for medical damage, and also lays a new commission for the new system of compensation. Accordingly to these need and tasks, there are so many parts to be developed and amended to the compensation system for medical damage existing now.Based on the deep research of basic theory compensation system for medical damage, the details of the system, its principles and standard of calculation, this passage aims to offer a deep analysis and understandings of adducing the evidence for compensation, decision-making by the judges, acting involved by the parties, identifying system, appraiser's show-up at court, enforcement of evidence regulation and so on, in simultaneity to find a perfect solution to all the limitation mentioned above.The concept of medical damage is far wider than that of medical accidents. Realistically there are more cases of compensation for medical damage than medical accidents. The legal medical damage compensation system was worked out 20 years ago, now it finally breaks loose from the administrative way of deciding for medical accidents. To treat the final results of medical technical judgement as the evidence will offer a great potential for the party to act within their right.The decision made for medical accidents existing now is not a decision for lawsuit. In the procedure of compensation on medical damage and in view of legal almsgiving, the key point is on whether the medical organization must pay to the patients or not. This is question of privacy for social individuals. It will mean nothing in law if voted with no actual name.In view of relief judicatory of medical damaged in different countries in the world, only in China ,the way of "appraising" relief specially for the basic human rights of patients is regulated in the rules of Chinese AdministrationEven though, the major point regarding the inspection on the conclusion of appraisal are clearly stipulated in , practically it comes to the fact that appraisers refuse to appear with non-rational reasons, the appraisal note is blindly considered s the major evidence by the court without evaluating its scientific means.This passage is stated the jurisdiction should be stressed, the confidence and ability of checking the evidence be improved, no inevitable proof should be collected to be the conclusion by any organizations.It is encouraged that detailed reasons , tropsim of value and logical conception of law be clearly stated in judgment; extensively spreading those cases already judged on the cases related to human compensation and wisdom of law by the chief judge. Strictly sticking to the principles already executed in the rule of evidences. Stressing on the regulations of appearance of attester and appraisers.
Keywords/Search Tags:medical damage, compensate, medical case, rules of evidence, appraisal
PDF Full Text Request
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