Font Size: a A A

On The Study Of The Doctrine Of Liability Fixation Of Medical Damage

Posted on:2015-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q F XuFull Text:PDF
GTID:2266330431451073Subject:(degree of civil and commercial law)
Abstract/Summary:PDF Full Text Request
The doctrine of liability fixation of medical damage compensation is the core of the system of liability of medical damage. It’s the important basis to ensure the rules of medical disputes. In juridical practice, different doctrine of liability fixation applied in medical damage means different standard on medical damage and proving regulation to the burden of persuasion. For applying to law correctly and handling the medical disputes normatively and reasonably, we should confirm consolidated system of liability fixation of medical damage. Therefore, according to different types of the liability of medical damage, we can apply to different doctrine of liability fixation.This paper takes Deng sued S hospital for medical damage compensation as a starting point, and mainly held a discussion about disputes around this case. The main focus of this case are: weather the behavior of S hospital composed medical damage or not; how to affirm the causation; how to distribute the burden of persuasion between the behavior and the consequence of damage in this case and how to apply to the doctrine of liability fixation in this case. The paper selective analyzes three questions:liability composing of medical damage, proving standard of causation and burden of persuasion and applying to the doctrine of liability fixation of medical damage. In the end of this paper, I will deliver some suggestions for dealing with some similar cases in juridical practice by pointing out the existing questions about the doctrine of liability fixation of medical damage in the case. Of course, the recommendations are all based on present situation of the doctrine of liability fixation of medical damage as well as using the doctrine of liability fixation in other civil law countries for reference.
Keywords/Search Tags:medical damage, burden of persuasion, the doctrine of liability fixation
PDF Full Text Request
Related items