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Study On Liability For Tort Of Overtreatment

Posted on:2014-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:X G HaoFull Text:PDF
GTID:2256330401959150Subject:Law
Abstract/Summary:PDF Full Text Request
Overtreatment is a behavior that medical institutions and medical staff go againstspecification of clinical medicine and ethical norms,can’t improve the value of diagnosis andtreatment for patients, just make a waste of medical resources.As a hot issue in the currentsociety,overtreatment not only violates the property rights of patient and the right to health ofpatient,but also makes the doctor-patient relationship worse as well as making the waste ofmedical resources.Therefore,solving the overtreatment issue is particularly urgent andimportant in the circumstances of health care reform.From the view of “The tort liabilitylaw”,the paper analyses the concept of overtreatment,causes of overtreatment,behavior ofovertreatment and so on,then discusses the tort liability of overtreatment,to provide an idea ofsolving the overtreatment issue and easing the relationship between doctor and patient.Firstly,this paper discusses basic problems of overtreatment,such as theconcept,causes,characteristic,disadvantage etc.Secondly,this paper bases on the Theory ofFour Tort Elements,systematically discusses the subjective fault,The facts of damage,themodes of behavior,the causality,to provide a more detailed resolution mechanism for tort ofovertreatment in general legislative background.At last this paper mainly discusses the liablefor tort of overtreatment,through discussing the doctrine of liability fixation, Determination ofthe subject,Exemptions of overtreatment to Analysis the tort issue of overtreatment.At thesame time, this article points out that the main the liable way for tort of overtreatment iscompensation for damages,including compensation for Property damage and compensationfor moral damage.
Keywords/Search Tags:overtreatment, liability for tort, compensation for damages
PDF Full Text Request
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