Medical Damages Practice

As the iatrical entanglement is ever complicate. There are problems both in theory and practice waiting to be solved. This essay, on the basis of summarizing the present theory, expounds the personal view from the practical point, with the conception of civil law to protect the weak, with the regulating function of the civil law to the behavior of sufferer both physically and spiritually, in order to [promote the development of our national medical treatment. This essay falls into 4 parts: the first part deals with the iatrical contract and the mom-iatrical contract, expounding the legal relationship between the first party, the iatrical institute or the individual doctor; and the second party-- the sufferers. This mutual legal relationship is formed due to the diagnosis, treat and tend delivered by the first party to the second party. It also expounds the non-reason administration of the part of the hospital and doctors, as well as the defend of the health and life of the subject due to the specialty of medical treatment. At the same time, it advocates that it's to regulate in the law that the doctor should respond the obligation of conclusion and the sufferer should respond the obligation of compulsory treatment accept ion. The second part deals with the civil responsibility of iatrical injury. It expounds the feature and the responding made of the iatric civil responsibility. The focus lies in expound of the grade of iatrical accident, the research of the litigant ability of the appraisal conclusion of the iatrical accident; the responsibility breach of faith and the trench of rights of iatrical injury, the corresponding settlement and the reason-exoneration of civil responsibility for iatrical injury. The third part deals with the compensation for iatrical injury. It expounds the turnover process from recoup to compensation of iatrical injury, and the commonweal medical institute assumes limit compensation responsibility. While the profit-running medical institute puts in practice the sum-compensation system. The essay discusses the juristic implementations of the iatrical injury compensation, especially the adaptability of the protection law of consumer's rights and interests, as well as the characteristics, the principles of imputation and compensations. The conclusion is to construct the iatrical obligation insurance system with Chinese characterisistics. The essay analyzes of the legal rights and interests of both the first party and the second party mentioned above, as well as the sound development of iatrical and sanitary career, from the analyzing of the existing experience on iatrical obligation insurance and compensation of the western developed countries, the writer, here puts forward some personal suggestion and specific demand on the establishment of iatrical obligation insurance...