Research On The Social Sharing Mechanism Of The Medical Malpractice

Processing of medical injury and medical malpractice has always been a majorproblem in the study of law and judicial practice."Tort Liability Act", introduced in2010after the long-term development of both doctors and patients and medical andhealth services, and welfare of the community as a whole to enhance multi-partytrade-offs, a successful reform of the medical damage system.However, with themedical damage this has a huge, frequently, modern technical accident, traditional tortlaw to bear too heavy a burden. Should therefore be positive thinking, researchinnovation system, to establish the liability insurance system and social securitysystem of no-fault compensation, shared task to fill the damage in order to reduce thepressure of tort law.In addition to the introduction, conclusion, the paper is divided into four parts:Chapter1: First, review and analysis of medical injury disputes legislativehistory, current situation and judicial practice; Then, one by one three-pointlimitations pointed out that the use of tort litigation to resolve medical damage.Chapter2: Damage to one of the limitations of litigation to resolve, for the firstchapter of medical and introduced the system of medical liability insurance. Focusfrom the point of view of distributive justice illustrates the theoretical basis of themedical liability insurance, in order to distinguish it from traditional ideas TortLiability Act corrective justice; Second, from a practical point of view, select Chinaseveral distinctive areas, describes and analyzes the Status, Features and majordeficiencies.Chapter3: The first chapter of medical damage litigation to resolve the limitations of the two, and the second chapter of the lack of medical liabilityinsurance medical damage no-fault compensation system. First demonstrated thelegitimacy of the country to fill the medical damage, followed by a choice of no-faultcompensation system in New Zealand, Sweden and France, their own characteristicsand summed up his experience inspired.Chapter4: The author of the innovation of medical disputes mechanismproposed to build a harmonious doctor-patient communication platform, thedevelopment of a no-fault compensation system mandatory medical liabilitycompulsory insurance regulations, pilot medical accidental damage, third partyhandling mechanism to optimize patient disputes The four-point proposal.Finally the last section of this article pointed out that any of the social systemsare systems engineering, not man-Drang, coordinated operations. Ultimately theformation of medical disputes mainly third-party settlement system, supplemented byway of litigation to resolve the dispute settlement pattern. Medical mistakes formedical liability insurance applicable national compensation for medical accidents.