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Medical Damages

Posted on:2006-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:C F WuFull Text:PDF
GTID:2206360182960045Subject:Law
Abstract/Summary:PDF Full Text Request
Medical Damage Compensation is an important part in civil damage compensation system and also a key question of the medical disputes .At present, there are incongruous facts in laws, and lots of new questions exist in theory and practice. This thesis is based on Medical Damage Compensation Request Right and the particularity in medical contracts and medical behaviors, discussing the character and the structure of Medical Damage Compensation .By the spirit of the Civil law idea "balancing different interests in society ",depending on the function of the Civil law "rules of behavior ", we could confirm reasonable Medical Damage Compensation principles, founding new Medical Damage Compensation system to protect the patients' personal rights and promote the sound development of the medical industry.This thesis includes four parts besides the introduction and conclusion.Part 1 Foundation of the Medical Request Right------MedicalLaw Relationship, Expatiates on the law relationship that brought from the diagnosis and treatment the public medical institution or the individual medical institution do to the patients. Recite the medical voluntary service and the maintenance that the authority does for the public on their health based on the particularity of the Medical Treatment. The law should prescribe the voluntary service relationship and compulsive treatment relationship in the public medical institution or the individual medical institution derived from obligation that the hospital concludes a treaty by force and the patients should accept the treatment .The thesis stresses on the quality and feature of the Medical Contract, emphasizing particularity of the Medical treatment.Part 2 Medical Damage Compensation Responsibility, Depictsthe feature of the MDCR and emphasizes on the medical defect, medical damage and the causality between the damage and the behavior etc. to practise from theory and describe one by one.Part 3 The Medical Damage Compensation Scope and Criterion, Depicts the changing course and the significance on value tropism from "repair" to "compensation" in our country. According to the Medical Behavior's particularity, we should differentiate Medical Institutions by nature and function farther on legislation. The damage happening in welfare Medical Institution, the hospital should take on some limited consequence, but the profitable Medical Institution should take on the whole consequence.Part 4 How to Apply Law to Medical Damage Compensation, Analyzes the actual applying law in Medical Damage Compensation, make clear the advantages and disadvantages on "monism" and "dualism". According to present law, statues and judicial explanation, Medical Damage Compensation should apply "dualism", but should deal correctly with the various kinds of problems appearing in the course of this system applied.
Keywords/Search Tags:Medical Damage, Compensation, Law Application
PDF Full Text Request
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