A Research On Legal Issues Of Medical Service Damage Compensation

With the continuous improvement of the rule of law, citizens' awareness of right gradually increase and damages in cases of medical treatment was also a rising trend year by year. The recognition of medical treatment behavior has its particularity because of the profession conduct, the time limit of medical standards and development as well as the uncertainty of medical result; medical damage that also acts specificity. April 2002 the "Regulations on Handling Medical Accidents," promulgated by State Council have a certain guide on the court for damages in cases of health care. But it is an administrative rule and regulations after all, which could not meet the civil trial for damages. China's current medical treatment legal system of damages remains to be improved in many places. This paper from the basic theory of medical malpractice, medical and legal nature of damages, application of the law and design of legislative proposals as well as the design of social security system analyzed and discussed the medical damage issues. And also discuss the court should be applied "General Principles of Civil Law" and relevant judicial interpretation to deal with disputes of medical damages, and focus on improving the composition of the Full Court, also establish medical specialists jury system under the existing legal system; in the legislation, it recommends develop a specialized "Law of Medical Harm Compensation "or located a separate section in the Civil Code to deal with the damages in medical disputes and procedures in order to get out of the current confusion in the application of the law; in the social support system construction, this paper suggest to start-up medical liability insurance to diversify the risk of medical malpractice...