On The Compensation For Medical Damage

The doctor-patient relationship is a relationship of consumption, which centeredon life consumption, and great disparity in strength on both doctors is the maincharacteristic of this relationship. In order to curb illegal behavior, to improve thequality of the whole medical system, prompt medical units to strengthen theunderstanding of the importance of patients’ life and health, improve service quality ofmedical units, the author thinks that, for major medical accidents caused by maliciousor gross negligence shall apply article49of the <<Consumers’ rights and interestsprotection law>> relating to punitive damages. And the punitive compensation systemis a kind of mature and effective system proved by practice.The legislation ofmedical damage cases in China should introduce the punitive damages compensationsystem, in order to better cooperate with compensatory punishment principle to adjustmedical injury cases. This measure can fully compensate the victim loss, bettersafeguard citizens’ life and health, attaches great importance of medical institutionsand their staff members to the citizens’ life and health, protect the interests of bothdoctors and reduce medical disputes.This article was written from a typical case taking the Case Analysis Method. Itexpounds the basic theory, mention the case at the same time, and analyze the casesin detail. It also studies the application of punitive damages compensation principlesin real medical damage cases. It based on collecting a large number of domestic andforeign medical dispute cases, comparing the concrete processing of punitive damagecompensation in the medical damage cases, in the light of the basic theory of punitivedamages system and judicial decisions analysis of actual cases. This article comparesthe difference between Chinese and western in how they applying the punitivecompensation system in medical damage cases, finds commonalities in each case tostrengthen the argument.This article begins with the concept of medical damage, the concept of punitivedamages system, then referring to the western history development of punitivedamages principle, citing typical case to illustrate the historical origins of punitiveprinciple and its historical significance. It expounds the necessity and possibility ofthe application of punitive damages system in medical damage cases in China, putsforward suitable conditions while applying of the punitive damages system in medical damage cases in China, and elaborates this part in detail starting from the subjectivefactor of punitive damages system. Finally it discusses the establishment of theamount of punitive damages compensation in medical damage cases, in particular it isfrom five aspects to determine the amount of concrete. For the current domesticlegislation which is relevant to the adjustment of medical damage compensation, weshould reflect, and put forward the establishment of medical damage cases of punitivedamages system legislation in the future.