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Identification Of The Medical Tort Liability

Posted on:2014-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:S L ShiFull Text:PDF
GTID:2246330398478691Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years medical disputes and medical trouble events happened a lot in our social, which led to tension relationship between doctors and patients. This situation aroused a highly concerns in all sectors of society, and a hot discussion on medical tort liability had been made in academic circles. In this context, I believe the research of medical tort liability has great practical significance, that’s why I explore and study it as an entry point, In this paper, the whole text is divided into three parts in addition to introduction and conclusion.In the first part, the author described the current situation of Chinese medical tort system. I outline the situation from three aspects (the theory, legislation, and judiciary) and four main issues (inadequate medical professional technical appraise, absolute objectification of the medical standards, inequality of sharing the medical risks responsibility and absence of the the medical tort burden of proof easing system).In the second part, the author focuses on four main issues raised in the above and analyzes the reason of these problems in order to lay the foundation for the following research. And then the author analyses the reasonableness of the Unified Medical liability for damage identification from the point legislation and practice. Based on characteristics and current situations in China, I will discuss the necessity of distinguish between the level of medical discussion. At the same time, the allocation of the burden of medical proof of foreign legal are compared in order to introduce the ease of scientific of the burden of proof. I will analyze the sharing of medical risk, and make the full text have a clear, clear theoretical basis from the characteristics of the medical industry, medical objects and knowledge of the medical risks of the objectivity.In the third part I will propose a solution to the specific problems of medical tort liability identification. I will prove the medical injury authentication mechanism from both of the medical damage accreditation bodies and identification aspects. Considering regional, specialty and other factors I choose to get rid of absolutely objective of medical standards. The burden of proof ease system is introduced in the proof of medical negligence and medical causal relationship. We will reasonably share medical risk responsibility from four aspects, which are the establishment of compulsory medical insurance, medical accident insurance, no-fault compensation system and improving the medical insurance system.
Keywords/Search Tags:Medial tort Liability, Medical act, Liability for damageidentification, Ease of the burden of proof
PDF Full Text Request
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