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Tort Liability Act, The Use Of Medical Disputes

Posted on:2011-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
GTID:2206330332473195Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Medical disputes concern has always been a hot issue. In particular, in the December 26, 2009 was adopted, which was new to the medical definition of infringement. The law on privacy and the "apology" this solution of the introduction of infringement, certainly in the treatment of medical disputes to be widely used, of course, followed by some of the legal application and implementation issues will also emerge . At the same time, the law on the allocation of the burden of proof and identification system and the previous laws and regulations created a fundamental change. This approach to medical malpractice litigation will of course bring the total impact and change. In particular, the burden of proof of culpable conduct by the hospital turned to the patient. These two parts has generated controversy, is focused on the content of this article.This paper on in the medical dispute may arise over the terms of the new analysis. Investigate the causes of such disputes and the type of methods to reduce and avoid disputes to improve the quality of medical dispute resolution .All this thing are for authority to uphold the law as far as possible and establish harmonious relations between doctors and patients.This article Compose from three parts, introduction, body and epilogue.The body, includes a total of four chapters. Introduction to the article reviews the situation and problems of medical disputes.The first chapter is the basic problem of medical disputes. First of all, basic concepts of medical disputes, medical tort and medical malpractice should be defined. Detail analysis of the causes of medical disputes. Distinguish the relation and the differences of them. Clearly is an act of medical tort. Medical malpractice and medical disputes is that this behavior may result.The second chapter is the background of the .First, analyzed the general characteristics of medical disputes. Clear why the medical dispute is hard to solve. Describe the background of the from one piece. The second part analysis problems facing after the was adopted.The third chapter is the discussion of the two most influential aspects of . The first question is "Medical Malpractice Treatment" is valid and the issue of how to apply. The second issue is impact of the redistribution of the burden of proof. Put forward a new view for this Change.In the fourth chapter, analyze the new views of general part of the . On the one hand, talk about the "privacy" into the law the possible impact of the dispute. On the other hand, discuss the possibility of the "apology" to resolve medical disputes.In the postscript part, Recommend for the Appliance of the law.
Keywords/Search Tags:Tort Law, Medical dispute, Burden of proof, Identification, Privacy, Apology
PDF Full Text Request
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