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Concerning The Improvement Of The System Of Medical Liability For Damage Identification

Posted on:2013-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiuFull Text:PDF
GTID:2246330374477047Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the hurt case caused by medical disputes oftenhappens, the contradiction between medical institutions and patientscan not be solved effectively, resulting in much tragedy. Medicalidentification is often an important part of the court in the process ofhearing medical malpractice cases, is also an important basis of thejudge to make reasonable judgments. Medical Malpracticeidentification and medical mistakes judicial identification coexistenceof our medical identification system at present, this phenomenoncaused chaos of medical liability for damage identification system, notonly can not be a helper of the courts to resolve medical disputes, buthas become the most important factor for hinder the court hearing thisproblem. A unified concept of the medical liability for damage hasbeen proposed in "Tort Law", but a unified medical liability for damageidentification system which is correspond to that was not formed. Theprofessors of medical and legal and society have been highlyconcerned about this phenomenon, and seeking how to improve theexisting medical identification system.I pay attention and consideration to societys current medicaldispute and then collection and analyze all information of the relevantliterature, discuss with teachers, put forward suggestions for improvingcurrent medical liability for damage identification system.The content of this article is divided into four parts, first partintroduces the concepts and the development of our medical liabilityfor damage identification system. The second part is to analyze theproblems and defects of current medical identification system from thecurrent form of identification, identification organization and experts,the use of expert conclusions and supervising medical identification.The third part is to find the place which worth learning by analysis of foreign identification system as well as contrasting to the advantagesand disadvantages of the identification system of civil law countriesand common law countries. The fourth section is to put forward somecountermeasures. Through analysis of existing views, and put forwardmy proposal for trying to propose some of the strategies and methodsconducive to improving our medical liability for damage identificationsystem according to the problems and defects of current system. In thisarticle, I put forward some recommendations for building of a unifiedmedical liability for damage identification system by analysis of thecurrent medical identification system well as learn from the advantagesof the foreign countries in this regard and some views of scholars,integrate the resources to build and improve medical liability fordamage identification system which is independence, strong science,the conclusions can be high adopted and in line with the variousmedical disputes.
Keywords/Search Tags:Medical Malpractice, Judicial identification, Expertwitness, Medical liability for damage identification
PDF Full Text Request
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