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Identification Of Medical Fault

Posted on:2013-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2246330395488016Subject:Medical method
Abstract/Summary:PDF Full Text Request
Complex medical knowledge is difficult to judge who as a non-professionals, the finaljudgment must rely on expert opinion. Expert opinion in determining the fact is veryimportant,judicial identification system is the basic indispensable guarantee of proceduraljustice and substantive justice to achieve.The judicial identification of medical dispute ismainly on the judgment of medical fault,so it is crucial that to correctly understanding theconnotation of medical fault and establish reasonable recognize standards of medicalfault.The implementation of the Tort Liability Act has a significant impact on the practicemedical dispute.To study new situations and new problems,pointed out defects of TortLiability Act and related medical fault finds system,put forward a sound advice has greatpractical significance.The article has five parts:The first part is basic theory of the medical fault.Analysismedical fault on the basis of understanding and grasping the fault theory of tort law andclarify the relationship between medical malpractice, medical errors and medical fault.The second part:This part combination the medical field feature and Tort Liability Act,think the appraisal standard of medical fault is whether the violation of medical duty ofcare.First sort out the relationship between medical duty of care and medical standard:theyare steps to judge medical fault. To judgment of Medical Fault.First judge whether there is amedical duty of care,then use medical standards Judgment whether the breach of duty ofcare(Medical fault is medical institutions and their medical staff not completely fulfill theresponsibility to patient.)Then analysis the recognize standards of medical fault should adoptcombined Tort Liability Act relevant provisions.The third part:Elaborate the subject,object,classification,sources of law of medicalduty of care and exemptions of medical fault.Focus on analysis the exemption clause of TortLiability Act and its significance,The fourth part:first summarize the type of medical duty of care.Second analyze therecognize standard of different medical fault types.Medical duty of care is divided into sevenkinds: compulsory medical obligations, rescue obligations and reasonable treatmentobligation,inform and explain the obligations to respect patient privacy obligations,referral obligations,obligation of medical products.The fifth part:At first analysis defects that has existed medical fault identification systemand its reasons after implementation of the Tort Liability Act.Then in the light of theseproblems,put forward the corresponding improvement suggestion.
Keywords/Search Tags:fault, medical fault, medical, standards medical, the duty of care, recognized standards
PDF Full Text Request
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