On Suggestion And Deficiencies To Compensation Of Medical Malpractice

Compensation for medical treatment is a focus of public attentions in recent years. The patients go to see doctors are increasing sharply with the development of the standard of life because people are paying more and more attention to their lives and health with the awareness of health protection intensifying. Medicine also causes some negative effects to the human body because medicine can not solve all the doubtful and difficult illness. So the accidents of medical are inevitable. The conflict between doctors and patients has becomes more and more serious with the recovery of the sense of humanism and the right thought of patient in recent years. To solve the questions, The Regulation of Medical Malpractice Settlements came into being.The Regulation of Medical Malpractice Settlements plays a very important role in regulating the medical behavior, which is keeping a balance of the rights and obligations between hospital and patients and alleviating the social conflicts. However, the regulation also shows its disadvantages with the development of the society. It could not adjust all the relation between hospital and patients. The paper aims to discuss two foci in medical malpractice appraisal and the high priced compensation for medical treatment by the way of investigation. The author puts forward some viewpoints and suggestions in order to construct harmonious relationship between doctors and patients in China ,who hopes to do some favors to the settlement of serious contradiction between doctors and patients.The main body of this article is composed of three chapters. The first part is about the definition of medical malpractice on the basis of the comparisons with law of medical treatment accidents, covering mainly the interrelations between some related concepts. Meanwhile, the author discusses the regulation and resposibility in China .And the author thinks contraction of treatment accidents is still serious. The Regulation of Medical Malpractice Settlement still has defect in solving the compensation for medical treatment.In Part Two, the author gives a summary of the situation of the present compensation for medical treatment accidents in China ,concludes that medical malpractice appraisal and high priced compensation for medical treatment are important problems in solving medical treatment accidents through analyzing some related rules and surveying some related materials. The two problems have been the key factors on affecting the relationship between doctors and patients, and the solution of medical treatment accidents.In Part Three, the author gives some measures and suggestions about the compensation for medical treatment accidents based on the issues raised in chapter II. The author thinks the system of medical malpractice appraisal should be further developed; the development of medical malpractice appraisal should be independent; the legal diathesis of identification staff should be improved; medical liability insurance should be strengthened; the departments of medical treatment accidents and other departments of the society should cooperate and try to construct the harmonious relationship between doctors and patients.