Law And Economics Analysis Of Medical Totr Compensation Issues

The steadily increase of country’s comprehensive strength provides a great opportunityfor our modernization realization. People’s consciousness of civil rights enhanced theirawareness for their own right of life and the right of know. As medical malpractice has adirectly impact on citizens’ lives and property safety, it has been placed in a more prominentposition.Pressure of public opinion, result impartiality and other factor make the doctor-patientrelationship extremely fragile. Medical tort victims sued medical institutions becomefrequently happening cases, there are also some extreme cases concerning violent body injureto doctors, all these have caused extremely bad social impact. Thus, researching on medicaltort compensation has great significance for tragedy reduction and civil rights protection.In the process of medical tort compensation research.we need to use Marxism law andEconomics as our guidance,and introduce a new research method.. Based on the currentsituation of China’s medical tort compensation, analyze the problems concerning legal ofmedical tort compensation, research on principle of responsibility attribution and components,and have a general understanding of dispersion mechanism of medical tort. Through theanalysis above, we can generate a series of timely and effective medical tort compensationmethods and recommendations, and made contributions to a more harmonious doctor-patientrelationship.The problem of medical tort compensation also needs the jointed efforts from wholesociety. On one hand, in the medical tort settlement process, we should determine areasonable imputation and evidence principle, establish unified accreditation bodies to ensurethat victims receive timely compensation to make sure that medical tort can be resolved fairlyand efficiently. On the other hand, construct medical injury decentralized mechanism whichcould cover the whole society to secure that the medical institution would havecomprehensive abilities to response to medical tort risks regardless of their size. Finally, Ihope this study could make contribution to socialist legal system construction.