Analysis Of Medical Malpractice Compensation For Moral Damage

In the recent years, medical dispute is becoming one of the important social problems in China today. Emotional distress becomes more and more outstanding. Emotional distress means a civil legal system that a person suffers mental scar or spiritual damages after his personal right or some particular possession right get illegal aggression, and therefore calls for relief and protection by demanding the infringer's compensation. So far it's still quite insufficient and in judicial practice, many problems appear, thus modification and perfection are needed. The emphases of this paper is emotional distress in medical disputes. According to our law, emotional distress could only happen in cases of torts. This paper tries to bring forward some suggestions for our law by discussing the character, the scope and our country's situation and the advanced examples of legislation referred to.