Study On Medical Compensation

Medical conduction is closely related to people's ordinary life. Since there are indeed many inextricable problems still existing today, doctor's occasional misplay or the side-effect and natural damage of medical treatment sometimes do harm to patient's health and life, leading to the happening of medical injury. China's legal system is in development yet; many rules of law require further improvement, so that there are few flawless juristical mechanisms in solving medical dispute at present. As such dispute has happened more and more frequently in recent years, it has been an important social problem worthy of much attention. Although in the middle of 1990s, there was Measures on Dealing with Medical Accident come out, it soon lags behind the development of society and economics severely. Evidently, waving administrative means to mediate the dispute between hospitals and patients as well as their families cannot appease their bitter and sorrow. The Regulations on Dealing with Medical Accident, introduced in 2002, was also proved insufficient in practice.The study of compensation for medical injury involves a broad range of subjects, and this text will mainly focus on the relationship between doctors and patients, expatiating on the responsibility of medical injury. On the basis of the expatiation, it'll bring forward the resolving mechanism of compensation for medical injury. I hope this paper will be helpful to the study of medical injury.Besides the introduction and tag, there are three sections in the thesis.The first section is mainly on explaining the characteristic of legal relationship between doctors and patients, namely, a legal connection based on medical contract. Further, it'll expound the medical contract.Section two is the elaborate definition of medical injury and compensation liability. It'll respectively introduce the connotation and extension of medical injury and the legal characteristic of medical injury liability, namely, liability for tort. On that basis, it'll give a detailed analysis to the compensation liability of medical injury.Section three is mainly about the compensation problem of medical injury. In this section, it'll analyze the status quo of medical injury compensation and the present Measure on Dealing with Medical Accident, briefly and objectively. And it discusses the rationality of dual-track system and limited compensation system that is widely used in current judiciary practice. At last, I present my personal view and suggestions to the application of law on medical injury compensation and the confirmation of the content.