Legal Analysis On A Case Of Medical Damage Compensation Dispute

Paper to on together medical damage compensation disputes case of legal analysis for problem, from case starts with, analysis Combs medical damage responsibility of constitute elements, judicial practice in the this class disputes in case select, and proof responsibility distribution, and medical identification, and legal applies aspects of controversy differences, and the on the class disputes of legal thinking and recommends, several aspects started discusses, in structure Shang total is divided into five a part. First part introduction, integrated analysis medical patient disputes, and medical patient relationship status; second part introduced case of basic situation, and controversy focus, and trial process and judgment results, leads papers by to discussion of core problem; third part, control case analysis medical damage compensation constitute elements, hospital whether constitute medical tort; IV part on medical disputes case case of select determines, and proof responsibility of distribution, and medical technology identification, and legal applies several aspects for analysis discusses; v part from legal system, and On supporting systems to improve the mechanism of handling disputes between doctors and patients case made some recommendations. Paper used case analysis and empirical research of method, on Court in case trial in the appeared "II Yuan of, and "diversified" phenomenon for analysis Combs, and and tort responsibility method on medical damage responsibility of provides control research, interpretation new implementation Hou has solution of problem and judicial practice in the still exists of problem, on perfect medical patient disputes processing mechanism proposed thinking recommends, to on medical patient both lawful rights and interests of maintenance has benefits.