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The Responsibility Principle Of Medical Tort

Posted on:2012-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:R ZhengFull Text:PDF
GTID:2216330338957198Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the development of science, the medical science is more and more advanced. But the medical science is so high-risk, and is of great significance on both theory and practice. So medical disputes and arguments between patients and hospitals are concerned by more and more people. It's not only a problem of society, but also related to the life rights of patients. On one hand, the judges need to protect the rights and benefits of the patients who are always the weaker ones in medical relationship by legal procedures; on the other hand, they also need to identify the negligence of the doctors to protect the enthusiasm. So I think it's an important problem to research the principle of liability of medical disputes.Since the promulgating of Civil Law in 1987, the law of medical disputes is more and more standard. But there are still so many problems and defects of this issue. So the Tort Law is a grand good news of law science and medical science, and of great importance. There are three types of the responsibility principle of medical tort. I use my professional knowledge and the data collected, and try to probe into this issue.As the soul and core of the Tort Law, the responsibility principle of medical Tort is also the base of this law, which involves the advantage of interested parties. Now my paper is trying to discuss this important topic.The first part of my paper is concerned about the basic concepts and boundary of medical disputes.The second part is discussing the system and institution of medical malpractice in foreign countries.The following part is about the present system of medical tort, and it's thought to be the basic substance of the following parts.Then it's coming to the core part of this thesis, and with the goal of design an appropriate responsibility principle of medical tort, and the writer also try to construct the possible system and design. The writer also notes that various approaches should be taken into account to balance the benefits of both patients and hospitals to settle down the disputes fairly.In a word, the appropriate and harmonious relationship of patients and hospitals is concerned with the society and economy. One thing that the writer expecting is there will be more and more useful opinions and suggestions for the development of our law and society.
Keywords/Search Tags:the responsibility principle of medical Tort, Tort law, patients and hospital, fault
PDF Full Text Request
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