Research On Definition And Handle Of Medical Malpractice

In modern society, the relationship between doctors and patients are increasingly tense. Research on definition and handle of Medical Malpractice can be effectively regulate medical activities; protect people's legitimate rights; implement the normal order of the medical units and vastly develop our country's medical cause. This paper from the following major aspects of Medical Malpractice to analyses:The first aspect is about the overview of Medical Malpractice. introducing the development of Medical Malpractice at home and abroad, and presents the concept and character of Medical Malpractice.The second aspect is study the problems of Medical Malpractice in definition.From the main body ;subjective aspects;object;objective aspect and identification system of this crime,arguing the main arguments on current Chinese academics.Then, reveal the shortcomings and deficiencies of crime. Namely: single kind of punishment, a lesser punishment.The third aspect presents the proposal about definite and handle of Medical Malp(?)actice. The author advocates to establishment of a unified standard as soon as possible, in order to correctly and reasonably definite Medical Malpractice. Among them, first put forward in the main laws that should be introduced in the Game Theory "Nash equilibrium" that the principal of the recommendations.Second, from a subjective aspects of the proposed distinction between heavy and light fault, and on how to correct the definition of "special conditions under fault," and thus correct that the responsibility of medical staff.The third area that should be of Medical Malpractice is a complex object. Medical institutions is the main object of the normal management order; secondary treatment is the object of human life and the right to health.Fourth suggested that the "participation of the accident," the objective of the introduction of this crime in that, when the accident participation in the more than 60 per cent, can be set up this crime.Fifth proposals should be added the public security organs involved in the identification of Medical Malpractice, strict medical identification of the composition of the Committee, the establishment of the system of avoiding improve aspects of Medical Malpractice Identification System.Secondly, the proposed penalties of Medical Malpractice.Related incidents on foreign crime punishment. China's combination of practice, the proposed deal with the crime of medical blunders should attach importance to probation, configuration for the sentence to increase criminal fines, Legal Sentence rate increase in four aspects to be perfect it.