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Doctors Duty Of Care Explored

Posted on:2009-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:L B LinFull Text:PDF
GTID:2206360272989110Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the number of medical disputes in China has constantly increased. The tension between doctor and patient relationship is increasing that it has become a public attention in nowadays society. Legal intervention is an inevitable trend to adjust the doctor-patient relationship and it reflects the increasingly important role.The determination of medical negligence is one of the core problems of medical disputes and duty of care is always the criterion for judging negligence. Based on the concept of Civil Law and take the balance of right and obligation between doctor and patients as central issues, this paper closely combines the theory of jurisprudence and clinical care to identify that the doctor-relationship belongs to civil code relationship. Thus, the concept of Duty of Care is introduced and is analyzed its importance in Tort Law by way of comparison method, namely the determination of tort responsibility begins with duty of care. As medical practice is a kind of high-tech and high-risk examination and treatment for the patients physically or mentally, doctors are taking a high degree of commitment to duty of care. The doctor's duty of care results from the medical ethic moral, the reliance relationship between doctor and patients, and the principle of honesty and credit. Law and regulation, diagnosis and nursing, medical literature, treatment custom and contract are the source of doctor's duty or care. It is generally believed that doctor's duty of care includes the obligation to foresee and avoid the outcome of medical practice. As law can not requires doctor to recognize the unknown disease, ability of attention should be therefore considered in the fulfillment of doctor's duty of care. Having the ability of attention is a prerequisite for fulfillment of doctor's duty of care. We think that the medical level theory should be used in criteria of doctor's duty of care with factors like region, specialty and extend of medical damage considered. The behavior pattern of doctors to be chosen in law is framed by doctor duty of care, a judgment of medical negligence in dispute. In China, as the inverted evidence-providing system is implemented in medical infringement lawsuit, the hospital is responsible to provide the no-fault evidence for their medical practice. This paper confirms the law value and positive significance of inverted evidence-providing system in the actual operation through a rational analysis. At the same time, the counterplea of duty of care that should be fully complied by the doctors is explored from the angle of benefit equilibrium function of Tort Law. Due to the specificity of the medical practice and consideration of fair and rationality, cases of emergency, informed consent, in line with optimal judgment, patient's fault can be exempted from necessary duty.The author is staff working in administrative department in a hospital that the managerial and medical information is available. In this paper, the hospital duty of care is mentioned. Hospital is the carrier of all the medical activity that it has the obligation of protecting the public health. Hospital's duty of care is mainly formed of social responsibility and commercially beneficial relationship between doctor and patients. It can be seen as the extent of doctor's duty of care. Hospital duty of care can be divided into internal and external duty of care. Compared with the doctor's duty of care, hospital's duty is mainly embodied as duty of care of organization.From a long point of view, the right and obligation of doctor-patient is unity of opposites. The fully implementation of duty of care is the end-result of the problem as well as the effective protection of alleviating the doctor-patients issues. Reasonable and adequate attention should be given to patients to safeguard their interests. Meanwhile, modify the medical norms to avoid medical risks is also a protection for the rights of hospital and doctor's duty of care. It is a necessary guarantee to relieve the tension of doctor-patient relationship so as to fore medicine to better serve the public health.
Keywords/Search Tags:doctor-patients relationship, doctor duty of care, hospital duty of care, medical negligence
PDF Full Text Request
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