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An Analysis On Medical Disputes Evidence Preservation And The Improvement Of Appraisal System

Posted on:2011-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
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With the deepening of China's medical system development, and a corresponding system of medical malpractice liability has also been developed. On the basis of the past system to deal with medical disputes.New "Tort Liability Act" rebuilds the imputation principle of medical damage and defines the new system of burden of proof. As is true, the new regulations on medical damage in "Tort Liability Act" have basically solved the previous and current and practical legal issues, but no specific regulations on the acquirement of the evidence for medical litigation, preservation, and appraisal from medical damage.In reality there are still many difficulties for patients to acquire evidences and the problems about evidences still remain in dealing with medical disputes, such as the preservation of evidence, the effects of damage and causation appraisal.However, the medical evidences and legal appraisal are complementary and there are two vital medical procedures in litigation.Appraisal conclusion is determined by medical evidences and the judgment is affected by the legal appraisal. Withoutstanding, connecting the regulations of "Tort Liability Law," the author tries to analyze the characteristics and defects in evidence preservation and legal appraisal of our country's medical disputes from the change, implementation and comparison of related systems, discusses the existing problems and the system improvement, and puts forward s suggestions for improvement.In the first chapter, from the typical cases the problems of evidence preservation and legal appraisal disputes are discussed in connection with the provisions of existing laws.In the second chapter, the concepts, significance and effect of medical evidences of preservation are analyzed through theory.In the third chapter, the author introduces of the medical damage appraisal system and, compares and analyzes the advantages and defects of, summarizes the defects of medical damage appraisal system, and proposes solutions based on these.At last, the author discusses how to improve the system of evidence preservation and the legal appraisal so as to deal with medical disputes fairly and reasonably, solve the medical contradiction, promote the development of medical science, ensure the public's health and promote the harmony of the society.
Keywords/Search Tags:medical disputes, evidence preservation, legal appraisal
PDF Full Text Request
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