Font Size: a A A

Medical Damages

Posted on:2006-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:F QuFull Text:PDF
GTID:2206360185969544Subject:Law
Abstract/Summary:PDF Full Text Request
The iatrogenic damage is a kind of personal injury. The damage happened on the patients in the hospital by the physician's active during the normal diagnosis and treat course. The court should use the law of tort to deal with the damage. Because of the particularity of the damage, on the necessary condition, the accusing principle of the damage can be the putative wrongs principle. When we analysis the departments of the damage's liability, we can finitely use the "the thing speaks itself principle to keep the balance of the difference of the information between the patients and the diagnosis. When the courts decide the amount about the amends of the damage, the hospital should pay for the entire patient's less of rich, and the amount about the damage of the spirit should be decided based on the wrongs of the hospital and its physicians. To easing the burden of the hospital for the compensation, the government should order all the hospitals to buy the liability insurance. For the same reason, the hospital should raise the price of the medical treatment service. The hospital should pay the compensation by installments.
Keywords/Search Tags:iatrogenic damage, the law of tort, compensation
PDF Full Text Request
Related items