Study On The Compensation For Spiritual Damage In Medical Dispute

In recent years, the medical dispute case has presented the trend of rising in our country year by year. With people's concern day by day about one's own right, the compensation for spiritual damages becomes a hot problem in the medical dispute gradually too. As the medical dispute become a special civil disputation because of one's own particularity of medical behavior, the question of compensation for spiritual damages has its particularity too.This text dissects in terms of compensation system of medical dispute of our country, focuses on the study on problem of compensation for spiritual damages. Through an analysis of state of the present stage, it points out deficiency and vacancy on this question at present. And it makes a concrete analysis of the case of compensation for spiritual damages of relevant medical disputes. Regarding individual interests, social interests and relation of public interests three as the visual angle, it probes into the compensation for spiritual damages solving the medical dispute under the frame of the current legal provisions, and how to not only can consider the behavioral particularity of medical treatment safeguard, but also suffer from the square legitimate rights and interests to reaches a balance between the two.Part one introduces the particularity in the medical dispute of compensation for spiritual damages, then introduces the characteristic of compensation for spiritual damages and social function, explains its meaning of system.Part two sets about from the concrete case, then introduce the current situation of compensation for spiritual damages in the medical dispute of our country at present emphatically, pointing out its deficiency in legislating and judicial practice, especially call the roll in its gap.Part three regards relation of balanced doctors and patients' interests as the visual angle, then legislate to put forward the suggestion in respect of practicing with the administration of justice etc, in order to improve the system of compensation for spiritual damages in the medical dispute of our country. Part four to balance the interests of the doctor-patient relationship perspective, through a classic case launched by the spirit of reasonable compensation to doctors and patients of the importance of harmony.