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The Doctor Exploring The Duty Of Care Liability For Damages In Violation Of Prenatal Care

Posted on:2009-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiuFull Text:PDF
GTID:2206360248451135Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, due to violation of the reasonable attention obligation from pregnant examination, the medical damage cases have appeared in large numbers in our country. In judicial practice, when the courts deal with such cases, there is no uniform standard from designation, processing qualitative to results. At present there are still controversies in academic circles, legal and regulations are not clear. The paper holds that because of the fault of doctors, Parents have to pay a grate deal of medical expenses, more energy to looking after and more special education costs for the disable children. Moreover, their bodies and minds are subjected to these huge sufferings. It would be unfair if no relief were offered, so parents have the right to ask for compensation. When disposing these kinds of lawsuits, court may apply Infringement Law and Contract Law. As for the disable children's claim for damages, based on the value of respecting life and the precautionary principle, it's better for court to reject their claim. Otherwise it will give rise to conflict with the values of human life.The paper probes into the analysis of the case, historical analysis, the method of comparative law and the methods of empirical analysis to explore this question. In accordance with the related legal provisions, the author tries to explore the characterization of liability for damage arising from the doctors' violation of pregnant examination obligations, basis of claim right, and the scope of compensation, in order to study with a view to benefit the judicial practice in such cases on the dispute settlement and the improvement of legislation.The paper is composed of three parts:The first part is about specific case, including the source of action, the situation of action and the focus issues of the case.The second part is mainly about disputes of the case. The handling of such cases at home and abroad do not have a uniform standard, Therefore, there exists controversy in practical and theoretical circles. The main controversy in this case includes four aspects: the request of liability for damage, the basis of claim right, the target of damage and the scope of compensation.The third part is the conclusion, based on the above research result, the author put forward own viewpoints. This part is also the part of the focus of this paper. The concept and standard of doctors' violation of the reasonable attention obligation are firstly introduced. Secondly, with the situation in domestic and abroad, the author puts forward views and solutions about the request of liability for damage, the basis of claim right, the target of damages and the scope of compensation.Starting with the specific case, learning from foreign judicial theory and experience, as well as combining China's relevant laws, the author tries to explore the problem, to judge the problem, and then to solve the problem. All considerations in this paper are expected to help solving the disputes in social life and judicial practice.
Keywords/Search Tags:pregnant examination, attention obligations, basis of claim right, scope of compensation
PDF Full Text Request
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