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Medical Compensation System

Posted on:2009-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y M ZhangFull Text:PDF
GTID:2206360272484345Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The settlement of the medical damage compensation disputes cases have received universal attention because of having a close connection with the interests of the patients and medical unit,society stability,etc.As the disputes tend to be complicate,there are problems both in theory and practice waiting to be solved,courts would find themselves in difficult situation to handle this kind of cases.The thesis chooses the medical damage compensation disputes as the object of study,a profound study has been made for the application of law adopting the methods such as consult data,comparative study,etc.By analyzing the problems exist in the current legal system for the medical damage compensation,point out some defects in the current system of law application,and make efforts to give some suggestions about the development and reform of the medical damage compensation disputes legal system,in order to gradually promote the development of the medical damage compensate disputes legal system.The main body of the thesis is divided into five chapters.The first chapter is the summary of the medical damage compensation disputes.Starting with the concept of medical damage,some basic theories are expounded in this chapter,such as the concept of medical damage compensate disputes,the components of responsibilities of medical infringement and medical tort liability principles,etc.About the medical tort liability principles for medical infringement,by analysis that medical infringement application fault liability and presumption of fault liability are generally not suitable for principle of liability without fault,equitable, liability principle is conditionally applicable to medical damage compensation disputes.Via the discussion of these basic theory problems, the theory foundations are laid down for the further investigation in the next chapters.The second chapter is about the expertise in the medical damage compensation disputes.This chapter analyzes the medical expertise involving in the medical damage compensation disputes,and focuses on expounding the concepts of the medical malpractice identification and the judicial expertise related with the medical expertise and the main difference between them.At the same time,with reference to the specific stipulations of Beijing and Guangdong High People's Court,how to concretely use the medical malpractice identification application and the judicial expertise application in judicial practice and what is the order to use these two applications are introduced in detail.The third chapter is related with the litigation preparation of the medical damage compensation disputes.Since many cases are solved as civil procedure,several important and frequently encountered questions during the process of litigation of the medical damage compensation disputes are introduced from the litigation preparation perspective and expounds how to concretely use them in judicial practice in this chapter in order to be able to safeguard the legal rights of litigants,especially the legal rights of patients.The fourth chapter is about the application of law need to be solved in the medical damage compensation disputes.A few of defect questions exist in the legal application system in the current medical damage compensation disputes and the reasons causing these defects are expounded in this chapter. By explaining the application of law needed to be solved in the medical damage compensation disputes,emphatically elaborating that when patients determine the compensation amount,there lacks specific standard of legal aspect that can be consulted by the People's Court on judging cases, the necessity to solve the above defect questions are pointed out,and do foreshadowing for following chapters related with the improvement of the medical damage compensation disputes system.The fifth chapter is about the improvement of the medical damage compensation disputes system.This chapter is the continuations and intensifications of the fourth chapter,and also the core part of the whole thesis.Based on pointing out the necessity and significance of reforming and improving the legal application system,emphatically bring forward and expound the concrete idea for the reforming and improving the legal application system of the medical damage compensation disputes.In this part,the writer gives own opinions andmainly discusses about gradually establishing medical risk sharing system taking compulsory medical liability insurance as the leading factor and unified and feasible legal norms for the medical damage compensation disputes,such as compensation for medical damages law.The innovation of the thesis are:pointing out the un-uniformity of law application at present by adopting methods of comparison to judge the advantages and disadvantages referring to the specific stipulations of People's Court of various places,describing the necessity to improve the medical damage compensation disputes system,giving the new points about that the order of the application of the medical malpractice identification and the judicial expertise is parallel relationship in general condition,if there are special provisions,the application of the medical malpractice identification is priority to the application of the judicial expertise.Giving some own opinions that when patients determine the compensation amount,there lacks specific standard of legal aspect that can be consulted by the People's Court on judging cases.Furthermore,give some own opinions in the aspect of founding medical liability insurance system' necessity and significance and making unified and feasible legal norm.
Keywords/Search Tags:medical damage compensate, expertise, liability Principle, medical liability insurance
PDF Full Text Request
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