The Medical Damage Compensation For Death

In recent years, as China’s medical system reforms and the socialist legal systemis gradually established, with the increase of medical disputes, the constantappearance of deaths, caused by medical damage, makes the doctor-patientrelationship become increasingly tense, and lead to a series of serious consequences.However medical death compensation, related to medical technology, medical risks,harmful consequences, and many other special factors, on the responsibility ofacknowledgment, faces a lot of difficult problems to solve. Medical qualityresponsibility and security system, related to the vital interests of every citizen, is animportant part of social public interests, so medical death compensation problemcauses widespread concerns of the whole society, which is the focus of academicresearch. Especially after tort liability law is promulgated, the structure of the medicaldeath compensation and related responsibility undertake regulation, which sparkedthe debate in the whole society, we must make in-depth research and give reasonableanswer.In this paper, from the comparative analysis of the basic concepts such asmedical damage, on the basis of defining the medical death compensation, throughthe analysis of the medical damage liability imputation principle in our country, itsums up the methods for judging under the medical death compensation, combineswith the current legislation and judicial interpretation of the rules, proposes the deathcompensation scope and establish the principles and methods of the standard forcompensation.The first part of this paper introduces the research background and meaning ofthe medical death compensation and the research methods of this paper. The secondpart, from the perspective of the death compensation, through comparative analysis oftort liability for death compensation, refined concept and connotation of the medicaldeath compensation. The third part expounds the criteria to judge medical deathcompensation, namely the principle and constitutive requirements. The imputationprinciple of medical death compensation cases consists of three different views,namely the principle of fault liability, liability without fault principle and the principle of presumption of fault liability. This paper proposes fault imputation principle.Constitutive requirements include: subjective fault, damage results, and causality.Thefourth part introduces the problems existing in the scope of the medical deathcompensation, from two aspects of material damages and spiritual damages tosummarize the scope of compensation. In this paper, the fifth part analyzes thephysical losses in medical death compensation, indirect material loss and the standardof compensation for mental injury problems, puts forward some established standardsand patterns of medical death compensation.