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Medical Norms In The Application Of The Medical Damage Liability Disputes

Posted on:2015-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y X MaoFull Text:PDF
GTID:2296330467465290Subject:Civil law
Abstract/Summary:PDF Full Text Request
The Tort Liability Act of our country explicitly stipulated three medical norms,the first is one of the presumption of medical mistake in paragraph1, article58.Second, paragraph1, article60, the damage caused by patients don’t cooperate withmedical treatment of institutions, is one of the liability situations to medicalinstitutions. Third, Article63, the standard that medical institutions are unnecessary tocheck is the medical institutions and medical personnel violate the inspection ofclinics norms. However, although it clearly rules medical norms in legislativeprovisions, there is little detailed research about what is diagnosis and treatmentnorms and how to apply in the medical dispute for compensation both in theory and inpractice. In addition, the Tort Liability Act takes diagnosis and treatment standard as apresumption that medical institutions have fault, but up to now, China has not yetpromulgated unified medical norms to guide medical institutions and their employees,let alone determinate medical norms for medical compensation of the direct query.Medical damage caused by the medical treatment fault, to a large extent, is inviolation of the provisions of diagnostic and treatment practices. Thus, the articleargues that in the case of the law clearly stipulates the medical norms, it is difficult toappy to the medical damage liability in judicial practice, we must clear up the fuzzymedical norms. The author thinks that effective method is to develop a unifieddiagnostic standard for medical damage applicable to the trial. Due to lack ofacademic research on the question, it seems to have significance for studying thequestion, of course, it is difficult.Therefore, in this context, firstly, I determine to start from the concept andcharacteristic of medical norms, make clear the related rules mentioned in the lawsand regulations in our country, and interpret the medical norms from different levels.Then I analyze the rules of medical norms in laws and regulations, the focus is on theattributes and ways to find out in Medical Tort Laws. The paper elaborates thesignificance and application of medical norms in medical practice and medical damage liability under the provisions of the objective medical fault. Finally the paperputs forward the countermeasures to make a unified medical norms in our country,and to give the explanation and play the role of medical ethics. In addition to theintroduction, the article consists of four parts.The first part, what is medical norms? It is the beginning of the article, combingthrough the rules in Chinese laws and regulations, to give the defination of medicalnorms, and preliminarily clarify the relationship of medical norms in medical senseand in legal sense.The second part is about the medical norms in tort laws of our country. Itmainly analyzes the rules of the Tort Liability Act and the identifying of the medicalnorms.The third part is about the significance and application of medical norms in themedical damage liability. It is the focus of the article.The fourth part is the problems and countermeasures of existing medical norms,and future expectations. It puts forward the fundamental solution to the limitation ofdiagnosis and treatment norms in medical damage cases is to make unified medicalnorms. The paper makes prospect in the execution of medical norms of our countryand the handling of medical damage cases.
Keywords/Search Tags:Medical Norms, Medical Tort, Medical Negligence, ObjectiveFault
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