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On Medical Ethics Dispute The Allocation Of The Burden Of Proof

Posted on:2012-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2216330368489787Subject:Law
Abstract/Summary:PDF Full Text Request
With the enhancement of life quality level, the growth of the concept of legal system, and strengthens of legal consciousness and the consciousness of protect oneself, patients are expecting more and more for the medical institutions. There are some medical intuitions who try their best to pursue the economic benefit and neglect the rights of patients, leading to increasing medical disputes. In the medical field, there are some new types of medical disputes.Among them, the deficiency of medical ethics and medical conscience for medical institutions caused the medical ethics dispute gradually become an important part in medical litigation practice. The tort law timely put forward the concept of medical ethics, filling the blank for this part. But the achievements for this field is shortness, seldom specialized in this system. In judicial practice, the points for this case are unable to agree with each other. Therefore, it is necessary to discuss how to carry on the omni-directional medical ethics disputes, that is also the aims to write this article.This paper attempts to give a concept and the characteristics of the medical ethics in a perspective of real case. I show the basic theory of proof, and analysis the current situations and causes, discuss the how to improve the allocation of the burden of proof to some legislation in order to provide some benefits for our legislation and judicial practice.This paper concludes four points:The first part, I set the case of Li-liyun as the example, and points out the problems involved with the case, est. whether families refused medical institutions shall be given surgery when the family of patients refuses to affix their signature. In the case of Li-liyun, whether the hospital is illegal? What nature is the hospital action? And how to allocate the burden of proof? I will show readers the concept of medical ethics and introduce it in detail. The second part gives statement for medical ethics disputes as well as the basic theory of distribution proof responsibility mainly. Based on the definition of medical ethics of medical ethics reveals disputes over the legal characteristics, disputes components, the allocation of the burden of proof of principle. Another introduces in detail the role of burden of proof, the basic theory of distribution and our country "tort liability law of three types of medical disputes about the allocation of the burden of proof of principle. Make the proof of medical ethics definitely, and give the principle of fault-presuming responsibility allotment.The third part of the United States, Germany, France, the three countries dispute the burden of proof on the distribution of medical ethics, a brief description, and the combination of the special nature of medical ethics dispute to find their common ground for the Improvement of medical ethics dispute the allocation of the burden of proof to provide reference.The fourth part analysis our medical ethics disputes through the present situation and causes a concrete, put forward some viewpoints and ideas by the legal aspect and dissatisfaction to perfect the conscious level both Chinese medical ethics dispute proof the allocation of responsibility question, pointed out the key methods is to build the harmonious doctor-patient relation and to constructing perfect system of justice.
Keywords/Search Tags:Medical ethics, Proof responsibility allotment, Presumption of fault
PDF Full Text Request
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