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Studies On The Civil Liability Of Medical Damage System

Posted on:2011-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:K NiuFull Text:PDF
GTID:2166360305477327Subject:Law
Abstract/Summary:PDF Full Text Request
Medical action is closely related to people's ordinary life. Since there are indeed many inextricable problems still existing today, doctor's occasional misplay or the side-effect and natural damage of medical treatment sometimes do harm to patient's health and life, leading to the happening of medical injury. In view of the fact that the current medical dispute case increases year by year, our country has appeared a series of administrative regulations and judicial interpretation one after another trying to provide the corresponding legal basis for the medical dispute case. But, because judicial interpretation has the contradictions and the conflicts between the administrative regulations,like Medical Malpractice Processing Ordinance, three double track system are created : medical malpractice and medical mistakes , medical malpractice identification and medical mistakes identification,medical malpractice compensation and personal injure compensation. So, contradictions and disputes between doctors and patients are increasingly intensified. Under this background, the study of the liability of medical damage system in China is of great significance and the scope is very wide. Starting with the relationship between doctors and patients, elaborate the liability of medical damage system. Aim at the law of"The Medical Accident Handle Regulation"and other judicial interpretations to make the thorough analysis, through analyze and draw lessons from other countries and regions. Then some personal views about the appropriate restrictions system and the appraiser system are provided,hoping pass a research the liability of medical damage system at our country's establishment slightly completely one's pygmy effort. This article includes four parts besides the introduction and conclusion. The first part,the summary of the liability of medical damage system. First,I define the conception , character , feature and constitutive requirement: medical treatment organization and its missionary have subjective intention or mistakes , objectively illegal at medical damage, the fact of personal injures and the causality.The second part,the liability of medical damage system in our country and other countries and regions. Elaborate three double track system:medical malpractice and medical mistakes , medical malpractice identification and medical mistakes identification,medical malpractice compensation and personal injure compensation. In this part, the system of California USA, Germany and Japan is mainly introduced.The third part,the analysis to the current situation of the liability of medical damage system and reason. Analyses the causes of the dual system: legislatures'overprotective, patients'new outlet, judicial authority's instead of correcting it.The fourth part,present the proposal to perfect the current situation of the liability of medical damage system. Such as the appropriate restrictions system, the appraiser system,and so on. At the same time, the author puts forward some thoughts and suggestions on the Legislation advice of medical malpractice in tort law of the People's Republic of China.
Keywords/Search Tags:medical damage, civil liability system, medical injury compensation, medical injury identification
PDF Full Text Request
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