Font Size: a A A

Responsibility Of Excessive Medical Infringement

Posted on:2015-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2266330428960365Subject:Law
Abstract/Summary:PDF Full Text Request
At present, exorbitant expense in health care bothering people, have become currentprominent social problem in china, and excessive medical treatment is one of the importantreasons. In recent years, becoming one of the main causes of the conflicts between doctorsand patients, excessive medical treatment had attracted widespread attention of media,society and government. In2009, the people’s Republic of China tort liability law waspromulgated by the state, and the excessive medical treatment were definitely described forthe first time. Therefore excessive medical tort problem had a legal basis, the excessivemedical treatment formally incorporated into the orbit of the legal system as well. Butexcessive medical treatment appears to be so general and simple because of the law onlyusing one sentence to describe that various issues in real life made the law difficult to playan effective role to solve it. For the majority of patients to safeguard their legitimate rightsand interests, we must be realistic and legal status, and carry on the reasonable explanation,correction and clear the scope.Based on this perspective, this paper divided four parts deeply to discuss and analysisthe "tort liability act" of the excessive medical tort liability, pointed out the legal problems,put forward to perfect the legal provisions, and made six suggestions to protect thelegitimate rights and interests of patients. The first part of this paper introduced the basictheory of excessive medical treatment, and pointed out the connotation, classification andexcessive medical reasons in the legal level. The second part, the focus and innovation partof this paper as well, analyzed the excessive medical tort liability and excessive medicaltreatment in the legal level identification. The third part focused on the "tort liability act"excessive medical legal status and problems, and mainly put forward to the "tort liabilityact" excessive medical adjustment scope, liability principle, scope of compensation andmedical institutions and medical personnel’s defenses and exemptions, then summarizedthe problem identification system of medical damage legislation etc.The last part madesome legal suggestions aiming at insufficient provisions of excessive medical tort andreasons for the excessive medical treatment exists.
Keywords/Search Tags:the People’s Republic of China Tort Liability Law, excessive medicaltreatment, tort liability
PDF Full Text Request
Related items