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On The Fault Of The Medical Liability For Damage

Posted on:2012-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:X HanFull Text:PDF
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The present day, tension between doctors and patients is a major social problem, the latest set of which ChapterⅦof the Tort Liability Act is specifically set up to address this issue, is a successful medical malpractice liability system reform, the principle of regression to the fault attributable to principle, only in exceptional circumstances apply presumption of fault, through the fault of the interpretation allows us to better deal with victims of patients, medical institutions and the relationship between the interests of all patients, and promoting social harmony and reflects social justice.This text is divided into three parts:ChapterⅠ: Demonstration of the liability for damage attributable to medical professional liability, so the fault is different from the standard recognized tort liability, if the specific medical practice in which medical personnel failed to meet reasonable duty of care that a reasonable doctor have identified the fault, and This standard is not due to general professional standards of medical staff is not inexperienced in some reduced;ChapterⅡ: specific discussion of medical liability for damage which the objective of fault among the articles in a specific embodiment, when the medical staff not entirely explain obligations, clinics obligations, obligations of confidentiality objective truth to a concrete embodiment will be exposed to medical malpractice liability;ChapterⅢ: firstly demonstrates presumption of fault attributable to the fault liability principle, Article 58 medical institutions in the three cases Tuiding presumption of fault is not at fault, and focuses on the 58 with proof of prejudice to the relationship between the rule of 58 in practice the use of the specific comments made.
Keywords/Search Tags:Medical Malpractice Liability, Responsibility Principle, Wrong Objective, Presumption Of Fault, Proof Of Prejudice
PDF Full Text Request
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