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Medical Dispute Idetification System

Posted on:2011-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:T WuFull Text:PDF
GTID:2166360305479170Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Medical dispute is a kind of common tort dispute. China is building a diversify resolution mechanism of medical dispute at present. Expert conclusion, as the most important evidence ,has great significance in consultation, mediation, arbitration and litigation of disputes in the medical. Improve the identification system of medical disputes and resolve medical disputes in a fair and efficient way ,are the common goals pursuited by the vast number of medical management profession and the legal profession.This article consists of three parts: the introduction, body and conclusion.The body consists of four chapers.The first chapter is an overview of medical dispute and its identification system. First,discuss the conception and classification of medical dispute analyzed in a broad sense and narrow sense , compare the differences and the similarities on the concept and connotation between medical accident and medical dispute,and then described the type of medical disputes under the existing civil cause of action. Then describes the relations and differences between medical accident identification and medical mistake identification . According to the relevant papers and information, medical accident identification and medical mistakes identification are collectively referred to as medical disputes identification.The second Chapter is the inspiration of the two legal systems on medical disputes identification. Two kinds of systems have their advantages and disadvantages, in the development process there is en emergence of convergence trends. This part first introduces the expert witness system in Anglo-American legal system. Second, describes the identification of the general content of the civil law system. Finally, pointed out several common errors in the adoption of medical dispute expert conclusion currently.Chapter III analyzes the censorship of existing medical disputes identification. The first is the properties of medical dispute identification, I believe that the identification is the unity of science and subjectivity. Then analysis the problems on cross-examination of medical disputes identification, including the cross-examination of the identification of medical mistakes, as well as medical accidents.Chapter IV elaborates on the idea of perfection of the identification system of medical dispute. First, advocates of unify entity identification , uniform standards of medical tort compensation, uniform standards of medical mistakes identified. Second, propose to increase the quality of legal experts.The papers are written by the method of linking theory with practice. There are also many wrongs in the the article, I wish teachers and experts can point them out.
Keywords/Search Tags:Medical Accident Identification, Medical Mistake Identification, Mecical Dispute Identification
PDF Full Text Request
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