On The Perfection Of The System Of Compensation For Medical Malpractice

The malpractice compensation system is an important part in China's medical dispute processes. Though the system has been improved step by step over the years since being established, the issues existing have causes all walks of life raising many doubts; some scholars even propose to abolish the system. The unfairness of the technical appraisal, double standards in interpreting legislatives; the compensation standard being too low and the allocation of the responsibility to collect evidences being not reasonable are the main focus of doubts being raised. However, we also must see the medical behaviors have its uniqueness. Health professionals and patients must strive to build a harmonious and stable relationship via mutual understanding and mutual trust. This article uses methods of comparison, historical law and real example to analyze the malpractice compensation system in China, trying to identify issues in the system and propose legislative recommendations to build a malpractice compensation system suitable for China's situation. Due to the fact that the malpractice compensation system in China only has a short history yet spans over many areas, the article will also review incidences of medicalmalpractice disputes and how they were being resolved in other countries.This article has six parts:First, the development history of the malpractice compensation system in China. This part is based on "Medical Malpractice Processing Means", dividing the development course of the malpractice compensation system into three stages. Review of the malpractice compensation system at each stage reflects the development process of the malpractice compensation system and the existing issues.Second, the uniqueness of medical behaviors. First, this part introduces the concept of medical behaviors of Japan and Taiwan area and illustrates the author's understanding of the concept. Furthermore, the author elaborates the uniqueness of medical behaviors in medical science and technology and in legislative area and proposes the viewpoint to correctly understand the concept of medical behaviors.Third, the concept of malpractice incident. This part first analyzes in great details the...