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Discussion On Medical Malpractice

Posted on:2008-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhuFull Text:PDF
GTID:2206360215967014Subject:Law
Abstract/Summary:PDF Full Text Request
Using comparative law method, based on the negligence theory, this paper expounds medical negligence theory according to informed consent principle. Analyses show that medical negligence is the essential criterion used for judging medical civil liability. However , at present , medical accident is the premise used for judging medical civil liability in our country . Since medical accident is not the requisite to constitute medical civil liability, the Regulation on the Handling of Medical Accidents which is based on medical accident concept causes contradiction and conflicts on the handling of medical troubles. Therefore, the paper puts forward following suggestions : It is necessary to make a civil law named as Medical Civil Liability Law which is based on medical negligence concept.Besides, the Alternative Dispute Resolution (ADR) shoud be used for handling medical negligence rationally and wiping off conflicts between medical institutions and patients and maintaining a harmonious community.
Keywords/Search Tags:negligence, medical negligence, medical negligence legislation, ADR
PDF Full Text Request
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