The Research Of Judicial Solution To Compensation For Medical Damages

To research the liability compensation for medical malpractice in legal sphere, the author suggests that not only the legislative visualization and law theory should be taken into account, but the Chinese present medical situation and judicial actuality should be integrated; furthermore, the issue of this thesis would gain sufficient emphasis and be analyzed deeply in the perspective of comparative method in the level of theory of law and judgment practice.Firstly the author analyzes the concept of compensation for medical damage; and demarcating the definition of medical treatment and its connotation. This part also includes the concept of medical accident and illustrates the rationality and limitation. The author then proposes the defects of the replenishment of medical damage to medical accident, and expounds the relationship between medical damage and medical treatment.Then the author points out the relationship between doctors and suffers is a comprehensive relation on the basis of analysis and constitute a special civil legal relation. The nature of liability compensation for...