Medical Damages In The Spirit Of The Question Of Damages To Explore

With the development of the medical science and the strength of people'sright consciousness, massive quantity of medical disputes and lawsuits appear. Thenumber of medical cases that people asking for moral injury compensationincrease sharply. The compensation for the moral injury in medical disputes hasbeen a hot issue in this field. Author analyses the problems of moral injurycompensation in medical disputes in detail.The full text contains four parts.Part 1: The author interprets the meaning and characteristics of medicaldispute, the types of relationships between medical organizations and patients, themeaning and characteristics of moral injury compensation in medical disputes.Medical dispute is the condition that the medical organization and the patient havedifferent opinions about the reason of the medical damages and the settlement ofthe quarrel. The relationship between medical organization and the patient is focuson the personal right and the property right. It often happens in the course ofdiagnosing and treatment of illnesses. There are 3 types of relationships betweenmedical organization and the patient: privity of contract, negotiorum gestioobligation, compulsory treatment. The liability for compensation of medicaldamage is caused by the reason that the medical organization didn't perform theirduty properly and caused the patient's damages. There are 3 theories about thenature of the liability for compensation of medical damage: liability for breach ofcontract, liability for tort, concurrence of duty. There are provisions aboutconcurrence of duty in our country's law. Author considers that the victim canclaim for moral injury compensation when their cause of action is breaching of thecontract.Part 2: Author interprets the meaning of moral injury, summarizes thelegislations of our country and foreign countries about moral injury compensation,explains the causes of mental damages in medical care and discuss theindependent right to ask for mental compensation. Moral injury is the mentalsuffering and the loss of moral right. Moral injury in medical treatment is mainlycaused by encroaching on patients' right to heath, right of life, right of fame, rightof privacy. Author suggests that the patient' close relatives have the right of claiming for moral injury when the patient was crippled in medical treatment.Part 3:In this part, author lists the subjects of right and the subjects ofobligation in moral injury compensation in medical disputes, clarifies theprinciples of the compensation, stresses some factors that should be considered,discuss the calculating and paying problems of moral injury compensation inmedical disputes. The subject of right in moral injury compensation in medicaldispute is the patient in normal cases. But in the case of the patient's death ordeformity, the subjects of right could be his close relatives. Author also discusseswhether the fetus or the vegetable can claim for moral injury compensation. Thesubjects of obligation contain the medical organization and the doctors. We shouldconsider 4 principles and many multiple factors in moral injury compensation inmedical dispute. As far as our country have two standards for moral injurycompensation, author suggests that a unite standard should be formulated. Judgeshave the right to determine the way of paying moral injury compensation.Part 4:In this part, on the foundation of analyzing the condition of ourcounty's medical service system and the legislation of moral injury compensation,author raise some legislative suggestions in order to help to form a well legalsystem to solve the medical disputes of moral injury compensation.