On The Medical Malpractice Compensation For Moral Damage

It is well known that the development of medical treatment is an important part in the development of the society and an important mark of the development of human civilizations. But medical accidents happen from time to time, due to the baffling problems of medical science and the negligence of medical institutions and personnel, and the compensation for the moral injury of medical accidents have been a hot issue in this field.According to the Regulations on Handling Medical Accidents that promulgated by the State Council in 2002, this article clarify the definition of medical accident and the compensation for the moral injury of medical accident. By comparing the relevant domestic definition with abroad, make the specific meaning of "medical accident" clear. This article explains that the nature of the compensation for the moral injury of medical accident is tort liability and the doctrine of the liability is the tort liability doctrine, and analyzes other relevant questions.This article interpret the situation relevant to the compensation for the moral injury of medical accident at the present stage, and point out that the policy of economy is not suitable for the huge sum compensation, the law of medical accident is not well-provided, but the risk of medical profession is still exist. So to make the weak under good protection, it is essential to give compensation for the moral injury of medical accident to the victims or their relatives.For the dispute of the moral injury of medical accident, the focal point always be the quantity of the compensation, because even though the moral injury can't be measured by money, but money can console the victims and punish the other side. This article explains this question in detail, it undertakes to clarify the relevant aspect just as: which person can apply for the compensation and why? What rule should be abide and what factor should be consider when make policy for the quantity? How many items should be included in the scope of the compensation? Author points out that according to the Regulations on Handling Medical Accidents, the compensation is too low to produce a marked effect, it can't express the fair and equitable spirit of law. So the author raise some suggestions on the calculation of the compensation in order to help to form a legal system to solve the disputes reasonably. Meanwhile, the author suggest that we can collate the method of American on the aspect of payment, so we can achieve the objective: on the one hand, we can protect the victims' proper rights and interests, on the other hand, the medical firms' development can also be protected well.