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Medical Disputes And Legal Relief

Posted on:2008-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2166360215952367Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In this translation import content in the public discourse, medical incidents are related to the patient or doctor with the medical side and care clinics because of the acts of disputes, that is to say, medical disputes with the public discourse have the same meaning. Due to the lag of medical disputes handled by the legal norms and practice of medical blunders misunderstanding and abuse of the word, medical incidents have become an increasingly ambiguous concept. Once the two sides of patients and doctors have a dispute at loggerheads, are "public said just now, a matter of opinion." doctors may think it is not to shirk responsibility for a medical incident, that is likely to side with medical incidents. Therefore, care clinics around the adverse consequences of the process of understanding and inconsistencies in the dispute constitute a medical blunder into a major study of medical disputes vision and this is also the most theoretical research and real life concern. The author disputes the medical executive and the legislature is also the starting point for this research.This paper can be divided into four sections :Chapter one : The concept and types of medical disputes. First, the chapter re-defines the concept of medical disputes, and its features are described. In this paper, the definition of domestic disputes is that both sides of the medical analysis should be patient medical disputes that arise in civil disputes. Both patients and medical units are equal in the area, and after disputes between doctors and patients, the parties submit the dispute to the judiciary or the health department. But this is the only way to resolve the dispute, rather than the dispute itself. Given the logic of article ideas, the paper adopts a narrow definition of medical disputes. Disputes between doctors and patients is the medical care clinics in the course of the adverse consequences inconsistent understanding of the dispute and its reasons. Second, the types of medical disputes with a brief presentation will occur in a wide range between patients and medical institutions. Complex medical disputes are to be classified.Chapter two: Medical disputes are handled. This chapter introduces the ways that the foreign medical disputes are handled. With the different medical levels of development, clinical and research continues to depth. In addition, medical patients and their families in different countries have different opinions, which has resulted in the inconsistent handling of medical disputes . As for the handling of medical disputes, the countries differ from each other. If China can introduce foreign practices ,we will draw effectively on improving our legislation in this regard. The medical treatment disputes in our contry is introduced afterwards. In China, when patients have disputes on the treatment of medical malpractice event of a dispute, there are three methods to resolve disputes :import content and settled in translation, settled by administrative and court decisions.Chapter three : Analysis of the existing problems of medical disputes on executive and the legislature. First, the article analyzes the controversial focus of "Malpractice Bill". Because of China's uneven distribution of medical resources, there are huge differences between medical input. This situation highlights the fact that the socio-economic and cultural development in China is unbalanced and balanced. China's current status of medical resources to improve conditions responsibility for the technical appraisal of the medical science finds that this effective resolution of medical disputes is of great significance. From the perspective of personal interest in medical malpractice disputes there are two asymmetric identifications. These two asymmetries in the current social system, which make the "Regulations" controversy highlights some unreasonable. Second, the analysis led to the "Regulations" medical dispute highlights the problems and flaws of executive and the legislature. This is mainly manifested in two aspects : the tendency of the legislative choice of values leads to the interests of the trade and department conspicuous; public interests and personal interests are dispaired. This forms a sharp contrast to the interests of both. The chapter on medical disputes benefits analysis of the current situation to be made clear executive and the legislature and thus helps improve the legislation.Chapter four : Chief medical disputes perfection of the legislation. The article points out that in view of the current health care and malpractice disputes executive and the legislature, with medical response to the social tension in the legislative branch ,legislative department should re-examine its value position, find a balance between various interests, safeguard public interests, and demand attention to personal interests. There are three areas of concerns : First, the rational choice to achieve this value. Medical disputes with the executive and the legislature should be on the weak side -- the patient-- to fully consider the interests, and only in this way can various interests be formed within the framework of the existing laws to express their reasonable interests, abide by the common rules of the game, truly promote patient harmony and safeguard the authority of the legal system and social stability. Second, the change of governmental role. Break the ice of departmental interests and the interests of the trade, achieve a democratic of the executive and the legislature ,and increase the investment in health care resources. This is the role of public administration to switch from the administrative departments that should have noticed. Third, the realization of historical awareness care. Government departments and specific industry take advantage of their superior position and enjoy the right of the legislature. This situation is unreasonable. As a developing country, achieving more modern models should be implemented through the changes of law. And the model of the changes of law as the major form of legislation will not only be concerned with the temporary gain. It is expected to have a long-term history, so only in this way can we create a harmonious environment to promote public well-being.
Keywords/Search Tags:Disputes
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