Medical Injury Compensation System

Medical treatment, related to the basic of people's livelihood, is with undoubted importance. Nevertheless, as a kind of high-risk special technique, medical treatment itself contains certain adverse factors that may impair human health. Therefore, the possibility of medical injury is inevitable. Health and life is irreversible, however, legislations can only reflect social impartiality and justice by assessing its economic damage. Thus, it is necessary to evaluate medical injuries through the medical negligence compensation system.As medical treatment is closely related to everyone, the legal system of medical negligence compensation has become a focal point of the whole society. Whereas, because of some practical matters, such as the low compensation standard, inadequate compensation, ineffective medical insurance and questionable credibility of the authentication of medical negligence, China's compensation system is facing unprecedented challenges. In order to improve and develop the theory of medical negligence compensation system and provide a better guidance for practice, this essay aims to study, based on the theory of medical negligence compensation, combining with the practical experience, the current medical negligence compensation system in China.This essay is divided into five sections.Introduction will describe the reasons for the high social concern to the medical negligence compensation system and why medical negligence compensation has become the most knotty issue of the modern tort law. Following that it will discuss the increasingly tense relationship between doctors and patients in China. Then, it will talk about the further thinking, referring to the implementation of the Tort Liability Law, about the compensation system.Chapter 1 will state the notion and principle of medical negligence compensation. It deals with the theoretical foundation of medical negligence compensation by describing the basic meaning, the liability inscape and the basic principles of it.Chapter 2 will discuss the legislative purpose of medical negligence compensation. It explains why the legislative purpose and main aim of medical negligence compensation is to compensate the loss of victims and restrain the number of medical negligence from two aspects:damage compensation and the prevention and sanction of medical negligence.Chapter 3 will talk about the current situation and existing problems of medical negligence compensation. It will analyze the current situation and problems from the legislative aspect and judicial aspect. In the legislative aspect, it will discuss the ambiguous standard and the incongruous application of laws. In the judicial aspect, it will mention the inadequate compensation, the tense relationship between doctors and patients, the ineffective dispute settlements and medical insurance, and the questionable credibility of the authentication of medical negligence. All these can help to lay a foundation for the further discussion of how to improve the compensation system.Chapter 4 will refer to the new idea for constituting the medical negligence compensation system. It focuses on both legislation and judicature. According to legislation, it needs to enhance the compensation standard and unify the application of laws. In terms of judicature, it needs to establish an effective mechanism to relief the conflicts between doctors and patients, consummate third-party mediation mechanism and medical insurance, and improve the medical negligence appraisal system. In other words, improving the legislative system and judicial system can help to effectively consummate the medical negligence compensation system in China.