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The Medical Accident Imputation Principle And Compensation Study In Medical Damage

Posted on:2015-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2296330467976932Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, there exploded large amount of medical malpractice andlitigation all over China with little effect on prevention. Almost every day, cases thatinvolve injury or death from patient or his/her families occurred during hospitaltreatment can be heard from television or newspaper, or witnessed by others in person.In addition, doctors-patients conflicts and serious criminal cases which evolve thereofcontinue to occur as a result of imperfect civil law and inconvenience in compensationliability methods in medical malpractice cases. After what happened to doctors inShanghai Xinhua Hospital or Wenling, in which cases doctors were either killedseverely injured, another two serious cases which involve doctors being killed by highschool student or severely injured were reported in Beiman Steel Hospital inHeilongjiang Province and People’s Hospital of Yixian in Hebei. In hence, themedical disputes exposed thereafter and inadequate implementation and operation inmedical legislation area has aroused great concern among public.In order to promote the development of medical work, effectively prevent orreduce the occurrence of medical malpractice and protect people’s basic personalsafety, it is essential to know the methodology of vindicating medical malpractice, orlearn the medical-related laws and regulations based on civil law from both patients’and doctors’ point of view. For this purpose, from the point of view of a regularperson that practices law, this essay is to analyze the civil liabilities and compensation principle in medical malpractice by defining such malpractice and integrating relatedlaws and regulations as well as law practice and social conditions in reality. The essayalso discusses several problems that worth attention. The first evaluation fees,evaluation expertise in court, the burden of proof, unreasonable compensation and soforth, The secend summarizes the reasons for frequent occurrence of medicalmalpractice, analyzes scholars’ statement and compares processing protocols ofdomestic and foreign countries, to correctly form the principles of civil liability andcompensation imputation.The third Furthermore, it is here to propose some advicesbased on the problems as discusses in this essay and massive experience obtained byprevious experiments, including to merge, unify medical malpractice or medicaldamage evaluation institutions; to shorten filing and closing time of first stage andsecond stage as required by Civil Procedural Law; to emphasize medical ethics andstrengthen the understanding of medical practice among citizens; to improvedoctor-patient relationship; The forth to make recommendations on the prevention ofmedical incidents and effective compensation arising thereafter.
Keywords/Search Tags:Medical Malpractice, Medical Malpractice Liability, Medical Malpractice Imputation, MedicalMalpractice Compensation
PDF Full Text Request
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