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A Study On The Determination Of Causality In Medical Damage Disputes

Posted on:2016-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhengFull Text:PDF
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This paper consists three parts of an introduction, body and conclusion, of which the body of the paper includes three chapters. Are summarized as follows:The main thesis of the introduction part briefly described the background, research status, purpose, significance and research methods.First chapter introduces the typical case of three medical injury disputes by analyzing the basic facts to identify the focus of medical damage dispute causation issues identified in practice, easy to produce controversy; a case corresponds to a focal point.The second chapter asked three questions points for the first chapter’s three cases.First, the medical behavior has highly specialized characteristics, medical injury disputes causation depends heavily on medical identification damage, and therefore the merits of medical damage identification system for identification causal relationship has played a crucial role. The current health care system to identify the degree of damage in the "dual" state, making the identification of applicable standards are not uniform opinion,expert opinion results are often inconsistent, and both medical damage identification system itself there are obvious flaws, making expert opinion scientific and impartiality by a certain degree of doubt. Secondly, the use of expert opinion evidence of causation as deemed judges due to lack of relevant expertise, are often too dependent on expert opinion, for medical damages expert opinions without screening, blind admissible,confused factual causation and legal causation concept and thus affect the accuracy of identification of causality. Finally, the causal relationship is one of the basic elements of medical damage liability constituted improper allocation of responsibilities so that the burden of proof would lead to one of the parties who were unable to prove a causal relationship can not prove the existence of, and thus bear the adverse consequences of litigation.The main body of the third chapter of the three issues raised was targeted recommendations. Resolve disputes through medical injury causation issues identified,making the division of responsibilities in the medical injury disputes more clearly,properly resolve medical disputes in order to facilitate and ease the contradiction between doctors and patients.The conclusion made a brief summary for the whole article, further elaborated proper solution for dealing with the problem of causality recognized the importance of medical injury disputes.
Keywords/Search Tags:Medical Disputes, Medical Damage Identification, Causal Relationship, Burden Of Proof
PDF Full Text Request
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