Research On Some Issues Concerning Medical Injury Compensation In Our Country

The processing of medical injury cases concerns the interests of both doctors and patients, which also involves in many factors such as social stability and harmony, etc. Therefore, the treatment for such cases has attracted a great attention from various circles of society. With more cases emerging and the raising the complexity of procedures concerning, the case of medical injury compensation has gradually became a crux problem of judgment.The author has regarded research on some issues about medical injury compensation in China as topic of the thesis, and through accessing to mass information a further exploration towards the topic has been carried out. Through analyzing the laws and regulations for adjusting the current medical injury and dispute practice of it, points out the defects existing in current legal system, and on that basis, come up with how to improve the system of medical injury compensation and construct a new medical dispute settlement mechanism, to maintain the patient's rights, and meanwhile, the staff of a medical institution are supervised and urged to provide medical service carefully.This thesis is divided into 3 parts and is introduced briefly as the following.Part-1 is a definition that is involved with related concepts of medical injury compensation. Medical behaviors'concepts, types and characteristics have been elaborated in this part from the point of defines of medical behaviors, medical malpractice and medical injury, through the concepts changes compared with the medical accident defined by foreign law and Chinese medical accident regulated by Approach of Medical Malpractice Appraisal, Regulation of Medical Malpractice Appraisal and Tort Liability Law, the concept of medical accident and medical injury would be expounded in details, and then the object of medical injury will be further analyzed.In part-2, the legislative defects and problems existing in practice of medical injury compensation in our country are mainly dealt with. The legislative development of medical injury compensation in China has been introduced briefly in this part, on this basis, pointing out the legislative and practical defects existed in current medical injury compensation and its ill effects. A concept about how to improve the medical injury compensation system of our country has been introduced in part-3. This part is both a continuing of former two parts and a key part of thesis. This part has come up with methods that how to improve the medical injury compensation system of our country from two respective points of views of legislation and practice in which the improving suggestions is expounded as following respectively: unifying the law application of medical injury, publishing judicial interpretation for definition the constitutive requirement on duties of medical injury compensation, reforming the system of injury expertise, bringing in system of medical injury insurance, establishing medical injury compensation system for resolving dualistic situation of medical injury compensation and setting up a suggestion that medical institution should take the ratio of responsibility reasonably in accordance with specific effects of harmful consequences from medical mistakes.