Discussion On The Perfection Of Medical Damage Compensation System

In recent years, the disputes of medical damage compensation increased year by year and drawn public attention as the result of involving many aspects such as interests of the hospital and patient, social stability, etc. The medical damage compensation system has improved gradually since its establishment, however, there are still many problems have not been settled both in theory and practice. The highlight problems are application of law, evaluation procedure and double standard of compensation, which caused the hospital and patient conflicts become a social focus, and the medical damage compensation cases turn into difficulties in court proceedings. Due to the particularity of medical conduct which caused the medical damage compensation distinct from ordinary tort dispute, it is necessary to research and perfect the insufficiency of the medical damage compensation system.This thesis adopts the historical, comparative and empirical analysis approaches, and attempts to propose the new opinions on the establishment of Chinese medical damage compensation system through investigating the historical evolution of medical damage compensation system, searching the development trends in different periods, seeking the development regulations, and analyzing the issues reflected from some cases and medical damage compensation system is other countries. This thesis is divided into four parts:1. The development history of medical damage compensation system in our country. It divides the medical damage compensation into three stages which are the periods of Method on Handling Medical Malpractices, the implementation of Regulation on Handling Medical Malpractices, and the Notice of the Supreme People’s Court on Trying Civil Cases on Medical Disputes by Referring to the "Regulation on Handling Medical Malpractices". It reflects the course of development of medical damage compensation system and the problem of double standard by introducing the situations of each stage.2. The current situation of contradiction of medical damage compensation system and the cause for judicial conflicts and the cause analysis. It finds out the cause for judicial conflicts by analyzing the current situation of medical damage compensation system in aspects of application of law, evaluation procedures and compensation standard, etc.3. Comments and analysis on the nature of Chinese medical institution and foreign related system. By analyzing the nature of medical institution in China and problems existing in the course of medical reform, to research the situation concerning the absorption of foreign system during the medical reform, It attempts to find out the medical damage compensation system suitable for our country by researching and selecting the essence of the medical damage compensation system in other countries.4. Rationalization proposal on perfection of medical damage compensation system. It proposes the judicial suggestion which includes unification of application of law, perfection of medical damage evaluation system, etc. on courts trial of medical damage compensation cases. It also proposes the social security suggestions of introducing the insurance mechanism to spread risk of medical damage by bringing in mandatory liability insurance of medical damage and encouraging voluntary casualty insurance of medical damage.