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On The Overtreatment Of Civil Liability

Posted on:2016-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:D N LinFull Text:PDF
GTID:2296330467493687Subject:Law
Abstract/Summary:PDF Full Text Request
Excessive medical means medical institutions and medical personnel in the examination, treatment, care and other medical procedures, in violation of laws and regulations, medical practice or contractual obligations, intentionally unnecessary tests and treatment, beyond the diagnosis and treatment of patients themselves need, resulting in personal and property rights of the patient harm behavior. Its characteristic is concealed, treatment means beyond the normal demand, contrary to the laws of disease diagnosis, and treatment unrelated to the high cost, the laws and regulations binding and punitive efforts lax. The harm is a violation of patient rights, patient relationship deterioration, waste of medical resources, improve the health risks.Currently, less on medical malpractice damages related to its laws and regulations, there are,"medical malpractice grading standards", the "Interim Measures Medical Malpractice","Medical Malpractice","People’s Republic of China Medical Practitioners","prescription Management "and other laws and regulations. These laws and regulations do not specify overtreatment. The2010"Tort Liability Act," Article63, only a little over a clear prohibition of excessive medical examination. Although the "Tort Liability Act," Article63provides for excessive medical treatment, but a narrow range, the obligation to inform the medical staff standards are not clear, the evidence is not clear allocation of responsibilities.Excessive medical civil liability provisions of the existence of the following legal issues: First, excessive medical tort identified deficiencies, including excessive that standard medical practice is not clear, overtreatment of "medical standards" finds impractical; two informed consent is the standard patient rights not expressly overtreatment; Third,Excessive burden of medical tort flaws, which were there to ease the burden of proof rules for the introduction of the basic principles of fairness and justice against the law; Fourth, the main obligations overtreatment single compensation; five is inadequate excessive medical liability insurance system, medical liability high insurance rates and payment limit is too low, the medical liability insurance coverage of medical personnel and insurance coverage is too narrow, and there is no medical insurance after freed from medical disputes.Therefore, for the above-mentioned legal problems existed, proposed the following measures to improve:First, improving the over-identification of medical tort, including improving medical tort damages authentication mechanism over, get rid of the medical standards of absolute objectivity; the second is to protect the patient’s informed consent right, according to the contractual relationship patient relationship or tort, breach of contract or the corresponding proposed tort liability, tort liability, but more conducive to the protection of the interests of the patient’s right to know; the third is the introduction of medical tort system to ease the burden of proof; four is to expand over medical compensation main obligations; five is to improve over medical liability insurance system, establish mandatory medical liability insurance, accident medical insurance system to develop and improve the health care system.
Keywords/Search Tags:Excessive medical treatment, Cognizance mechanism, The right of informedconsent, The burden of proof, Medical liability insurance
PDF Full Text Request
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