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Improve Our Medical Liability System Damage

Posted on:2015-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiFull Text:PDF
GTID:2296330431953745Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
December26,2009,"People’s Republic of China Tort Liability Law" by the National People’s Congress Standing Committee of the Eleventh People’s Republic of China through twelfth meeting."Tort Liability Law," Chapter Ⅶ in the form of separate chapters provides medical damages, is the first time in the form of laws medical damages, historic progress significance. However, in the four years of practice, which highlights the gap between the original conception of the problem, how to solve these problems in order to improve the medical liability system damage in future work, become a research focus.When medical malpractice cases is still a need to reflect on the first hospital, when medical malpractice become a common phenomenon, the bottom line of trust between doctors and patients to get rid of it, certainly need to reflect on our system. In this paper, affirmed the "Tort Liability Law" after about health damage liability provisions of the success and significance of practice reflected on the medical liability system damage were still perfect place enumeration and analysis on this basis, to improve our medical liability system damage made constructive comments.This paper is divided into four parts, the first part of the responsibility for health damage overview of the concept of medical injury and medical damage liability described. Starting with a case of medical liability damages constitute analyzed; second part of the content and significance of "Tort Liability Law" on the medical damage liability provisions of success on the "Tort Liability Law " reform of the medical liability system damage Department affirmed; third part analyzes the problems and reasons of "Tort Liability Law" medical liability system in the presence of damage, from a practical point of view, the gap between the medical liability system damage theory and practice were analyzed and the reasons were analyzed; fourth part from problems in practice legal harmonization, improvement of medical damage identification system, particularity prominent medical damages, prohibition of the amount claimed more than ten thousand yuan of consultations between doctors and patients and put forward their own ideas to improve our medical liability system damage.
Keywords/Search Tags:medical liability, medical negligence, excessive medical treatment, principle of appropriate restrictions
PDF Full Text Request
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