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On The Application Of The Law Medical Damage Liability Disputes

Posted on:2013-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:L MaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Seek medical treatment is a social need when we have an illness, every patient inthe prevalence of seek medical treatment for their diagnosis and treatment of doctorshave super medical skills and noble medical ethics, so that they can fast recovery,However, due to the complexity of medical science, combined with the level ofexpertise and professional and ethical standards of each doctor exist great diversity,occur medical harm during the treatment process is inevitable. With medical harmoccur, between doctors and patients will generate disputes inevitable, because patientshave been harmed, the topic between doctors and patients is naturally the medicaldamages. The patient due to suffer a great deal of personal injury, and even lost theirlife, naturally require the medical institutions assume all liability, but the medicalinstitution also has fulfilled its own obligations, has a number should not be heldresponsible for the reason. In this context, more and more medical disputes seemintense, the phenomenon of "medical trouble" often happened, and even has affectedthe normal manage activities of medical institutions, both doctors and patients arelooking forward to the introduction of the relevance of laws to protect their ownlawful rights and interests.This article will start from the three different periods of medical injury cases, andanalysis the change in different periods to deal with the legal requirements of medicaldamage disputes. Analysis the medical malpractice,medical mistakes, medicaldamage processing medical damage disputes and found that the tort Liability Lowprogressive significance than the past, analyze the shortcomings and deficiencies stillexist, a number of rationalization proposals will be put forward to improve our currentmedical damage disputes settlement mechanism, in order to remit the current courttrial of medical damage the number of disputes grew faster, easy to intensify thecontradictions petition pressure, processing time is long, difficult cases mediationsituation, promote our medical damage dispute resolution system more complete.
Keywords/Search Tags:medical malpractice, medical mistakes, medical damage
PDF Full Text Request
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