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Study On Liability For Medical Damage In Doctor's Multi-point Practice

Posted on:2011-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhengFull Text:PDF
GTID:2166360305977019Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the economic, social and cultural development,People's requirements and concerns on the medical service quality are growing in recent years, Health care system reforms is put forward in this context. In 2009 the state has introduced the views of health care reform and informed issues about physicians practicing in several hospitals more One after another. This means that our country will change tradition of doctors practicing only in a hospital practice in the future, and allow registered doctors to practice in multiple hospitals simultaneously, that is physician practicing in multiple hospitals simultaneously. The introduction of the policy also raised many legal related issues, Such as, what is the nature of the relationship between doctors and various hospitals at the same time? How to take responsibility when medical malpractice occurs? Etc. This paper analyze the practical problem of physicians practicing in multi-point by the theory of civil law, and believe that there are different forms with the main body and the different ways, but different forms contain common characteristics: some are determine the time, regular, regular practice; while others are uncertainty of the time, irregular and temporary practice. These characteristics determine that relationship between doctors and several hospitals is contract of employment, contract for work, commission contract in addition to labor relations, Of course, some medical practitioners to become free, They also formed with a number of hospitals loose contractual relationship, For example, contract of employment or contract for work or commission contract and so on. Practice in multi-point will increase the risk of medical activities and need doctors to have a higher capacity for duties, so we should accelerate the implementation of medical liability insurance. Although first hospital compensates it, the nature of the relationship between doctors and the hospital determines the distribution of medical malpractice liability. Under the labor and employment relations, hospitals should take on responsibility generally; meanwhile, If the doctors are in fault, they will undertake responsibility. Sometime hospitals and doctors undertake non-essential associated responsibility together. Under Contract relationship and trust relationship, there are the customer and client's responsibility, Contractor and trustee responsibilities, their joint liability. China should guard against the risks, prudent operation, improve the system in doctor practicing in multi-point.In addition to introduction and conclusion, this article is divided into four sections to study and deduce the problem:Part I, The form of physicians practicing in multi-point and civil legal problems involved by it. According to current medical practice and health care policy, there are three main reasons to bring about physicians practicing in multi-point: government directive,medical cooperation,active employment. These are various forms of physician practicing in multi-point, from subject, Clinicians practice in multi-point; Resident doctor practice in multi-point; monitoring and experimental department physician practicing in multi-point and so on. Analyzing physicians practicing in multi-point from different perspectives, We can found that it contains the civil legal problems, for instance, the management of doctors and medical activities in practicing in multi-point,the nature of the relationship between doctors and more hospitals simultaneous,the accountability when medical harm occurring in multi-point practice and so on.Part II, The legal relationship between doctors and several hospitals simultaneous and the relationship's nature. The legal relationship between doctors and Several hospitals simultaneous is considered as contractual relation between equal subjects after analyzing, In the light of the nature and character of medical activities, The contract include labor contract,contract of employment,contract for work,commission contract. Now the majority of relations between doctors and several hospitals are labor relations, the relationship in uncertain time working usually is employment relations or Contract relationship or trust relationship. Thanks to transformation of medical market, The combination of the relationship between doctors and Several hospitals has two feasible modes: One mode is that the relationship between doctors and only one hospitals is labor relations and other relationship is employment relations or Contract relationship or trust relationship; Another mode is that the relationship between doctors and Several hospitals simultaneous are employment relations or Contract relationship or trust relationship and don't Contain labor relations.Part III, Liability for medical damage under doctor's multi-point practice .Any medical activity is risky. Medical activity in multi-point is more dangerous. Medical injury compensation liability consist not only Property but also non- pecuniary damage liability. Doctors engaged in medical activities by hospital name, First of all hospitals compensate patients in case of medical harm, and then hospitals and doctors assigned this responsibility by the nature of relationship between them.Part IV , Methods of bearing liability for medical damage under doctor's multi-point practice. When the relationship between them is labor relations and employment relations, hospitals should take on responsibility generally; meanwhile, If the doctors are in fault, they will undertake responsibility. Sometime hospitals and doctors undertake non-essential associated responsibility together. Under Contract relationship and trust relationship, there are the customer and client's responsibility,Contractor and trustee responsibilities,their joint liability. In the case of multi-practice, The Government should strengthen the implementation of the medical liability insurance for doctors to ensure doctor's responsibility.Epilogue: the analysis on system specification of physicians practicing in multi-point. We should adhere to the interests of the patient in doctors practicing several hospitals simultaneous under any circumstances, and hold out the principles of freedom and efficiency,that of guarding against the risks and clear responsibilities . The contract that doctors and several hospitals simultaneously conclude should have a clear contractual nature,scope of doctor's practicing,doctor's responsibility. Health administration should strengthen the management practice more.
Keywords/Search Tags:doctor's practice in multi-point, labor relations, employment relations, Contract relationship, trust relationship, liability for medical damage
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