On The Civil Compensation Liability Of Medical Mal-Practice

With medical-malpractice occurred,criminal liability and administrative liability as well as civil liability come into place in accordance.Civil liability,however,is always the most basic one. Compensation has always been the most important part to civil liability which results from the medical-malpractice.Therefore,this paper made the research on the characteristics of the civil compensation liability of medical mal-practice with the title of it as well.This paper is divided into five chapters:The first chapter outlined medical mal-practice.The author first identified concepts of medical malpractice in different periods of China, and that of many countries or regions,such as the United States,Japan, and Taiwan.Then he gave his concept of medical mal-practice,and put forward his improving advice on the existing "Medical Mal-practice Disposal Ordinance".In addition,this chapter also identified some concepts which are easily confused with medical mal-practice.Chapterâ…¡is the nature of civil liability of medical mal-practice. Medical legal relations are the premise of civil liability.Its nature involves how to identify and deal with medical mal-practice.The nature of civil liability of medical mal-practice is the combination of tort liability and liability for breach of contract.Chapterâ…¢included the factors and exemption excuses of civil compensation liability of medical mal-practice.This chapter talked about the five elements of the civil liability of medical mal-practice:The subject shall be medical institutions and medical personnel;Actions of the medical institutions and medical personnel shall be illegal;the actions of the medical institutions and medical personnel bring injury that can be compensated.There are legal consequences of a causal relationship between the illegal actions done by medical institutions and medical personnel and the injuries.This chapter also proposed seven exemption excuses of civil compensation liability.Chapterâ…£described the principles of liability distribution.This chapter analyzed China's present civil liability distribution system.And he proposed to impose the principle of liability based on wrongs and advised to adopt the way of presumption of wrongs in presenting evidence.Chapterâ…¤covered damages of medical mal-practice.This chapter discussed the general theory of damages,the principles of medical mal-practice compensation,the affecting factors,the scope of compensation,as well as compensation for specific projects.The author put forward his point of view on the improvement of the medical mal-practice law.