Font Size: a A A

Legal Regulations On The Medical Tort

Posted on:2013-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhaoFull Text:PDF
GTID:2246330392458183Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, doctor-patient relationship is not very good. Medical tortdisputes are very common. In order to better analyze the healthy violations, the writerwill focus on the legal regulations and make suggestions for improvement.This paper has four parts. The first part is about the overview of medical tort.The writer will talk about doctor-patient relationship at first. Then the writer willclarify its concept and introduce the history of legal regulations on the medical tort. Inorder to ease the doctor-patient conflicts, the State Council promulgated the “medicalapproach” and the “medical treatment regulations”. They played a positive role in aperiod of time, but they were not sufficient.“Medical treatment regulations” causedbad consequences. We have a trouble in understanding relevant laws and regulations.Also, the compensation is imbalance.The second part is mainly about “Tort Law” in China. Chapter VII is about themedical malpractice liability. After a brief review of the legislative process, the writerwill analyze the imputation principles, the constituent elements and the defenses.The third part is mainly about the foreign experiences of Japan, the America andGerman. The writer will introduce and analyze them for comparison.The forth part is mainly about some comprehensive proposals. As the “Tort Law”is still inadequate, such as the provision on “medical product liability”. The writeradvises that joint responsibility of the medical damage should be considered and the“medical malpractice liability law” should be made.
Keywords/Search Tags:Doctor-patient relationship, Medical tort, Medical malpractice liability
PDF Full Text Request
Related items