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The Cognizance Of Medical Damage Civil Liability

Posted on:2013-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y XueFull Text:PDF
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With the construction of the rule of the development of the individual citizens’ rights consciousness soared, medical damage compensation cases also shows the tendency that year after year rises, medical damage dispute has become one of the hot issues in today’s society. Because the behavior of the medical professional, medical level of time limit sex and developmental and medical results of the uncertainty of the behavior of the medical injury that also has particularity.In2009, the tort liability law "by the chapters on medical damage of tort liability of the standard, and the paper from the legislation level medical liability clear of the subject, medical liability of the determination principle, this for medical liability that has the important meaning of the cross time, for medical disputes law applicable unified laid a foundation and caused a great dispute all circles of the society. Medical damage liability principles and the burden of the change of what is the progress of the legislation or degradation; What should the cognizance of the medical treatment fault in what as standard; Its share of the burden of the principle is not really fair and reasonable; Real operation and when how to use it. All this only on the basis of the tort liability law of medical liability part of the11laws is not enough to solve the problems of medical infringement disputes, and it needs the relevant judicial explanation or the promulgation of the detailed rules for the implementation. And medical liability for medical research that copyright infringing of the theoretical and practical basis, appear necessary and pressing. Especially in the infringement of medical liability principles and the burden of the principles discussed, is of great significance, be helpful for medical disputes clear, clear responsibility, makes the processing of medical liability more fair.This article through to the medical damage to the identification system of civil liability system comb, and strive to present situation, the judicial lawmaking present situation and the existence question further analysis, and on the basis of medical treatment and medical treatment of damage liability for qualitative, in the medical liability principles for damage value and reason analysis, on the basis of fault recognition of the specific standard of "doctor of the duty of care" and "when medical level" standard put forward relevant Suggestions and ideas, and clear in the burden under the principle of concrete proof responsibility of all parties to share, etc, in order to deal with medical treatment the damaging event be helpful.
Keywords/Search Tags:Medical malpractice, Responsibility identification, Burden of persuasion
PDF Full Text Request
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