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A Study On The Compensative Mechanism Of The Medical Malpractice

Posted on:2012-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:H M GuFull Text:PDF
GTID:2216330362958734Subject:Law
Abstract/Summary:PDF Full Text Request
The medical malpractice is a common phenomenon in the ordinary course of medical treatment, and it results in the increasing of the medical dispute, which seriously affected the normal medical care. In order to adjust the doctor-patient relationship better, the government legislated the "Tort Liability Act", which has reformed the medical malpractice system successfully after the comprehensive consideration of the interests between the doctors and the patients in litigations. But because of the imperfections of medical malpractice compensation system, on the one hand, the high compensation has seriously hampered the normal operation of the hospital; on the other hand, patients who injured seriously by the no-fault medical malpractice cannot get proper relief, which increase the antagonism between the doctors and patients in the event of the medical malpractice. Therefore, it is of special actual meaning to research the malpractice compensation mechanism which is about to establish a rational sharing of the medical injury risk.This thesis includes four parts besides of the preface and afterword.Chapter 1 "the development process of the Chinese medical malpractice liability system". This chapter expounds three stages which the medical malpractice liability system has experienced in our country's legislative process, including "the stage of limiting the right of patients'compensation", " the stage of burdening medical institutions with finding evidence", and " The dual medical malpractice liability system constituted of three two-track system".Chapter 2 "the medical malpractice liability system provided by the Tort Liability Act". The article elaborates that, on the one hand, the Tort Liability Act protects the interests of patients through the provisions of the Uniform laws'applicability, the standard for the damages and the joint responsibility of the damages liability for the medical products, on the other hand, it also reduces the doctors'burden of finding the evidence, and stipulates the determined standards of the medical negligence to protect the vital interests of the doctors, and balances the position of the doctor-patient sides in litigations.Chapter 3 "the drawbacks of our current medical malpractice liability ",this chapter analyzes the Tort Liability Law as a standard litigant system. On the one hand, the patients don't agree to accept the protection from informed choice, which lead to face with the dilemma of giving proof , so patients are forced to choose the way of maintaining the rights by violence; On the other hand, the medical side who thinks that the compensation liability is overweight, doesn't want to solve the doctor-patient conflicts, therefore, this lead to the increasing of conservative medical treatment, the losing of abundant doctors resources, and the threat of the doctors'physical and mental health. Chapter 4, "the imagination of the Construction of the medical malpractice compensation system" . In this chapter, it expounds the compensative mechanism's necessity and significance of the establishment on the rational sharing of the medical risk, based on the discussion of the actual effect of the medical malpractice liability system which regulated by the Tort Liability Law. This article also proposes many imagines, such as establishing the limited no-fault medical malpractice compensation system, perfecting our country's medical malpractice liability insurance system, constructing medical malpractice compensation mechanism.Finally, through the systematic analysis about the medical malpractice liability system's origin, legislation, according to our country's practical situation, this article points out setting up various social relief ways. These ways must make the no-fault medical malpractice compensation system as the core, and they should be all-directional, multilayered, perfected step-by-step, and adapted to the economic development. Then that will be helpful for protecting both parties and doctors, promote the continuous progress of the medical.
Keywords/Search Tags:doctor-patient relationship, medical disputes, medical tort, compensation mechanism
PDF Full Text Request
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