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A Research On Judicial Expertise Of Medical Malpractice Cases In Doctor-patient Disputes

Posted on:2016-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:M F WuFull Text:PDF
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In recent years, the conflicts between doctors and patients have become critical. Cases of doctor-patient disputes remain high with a growth of doctors being assaulted. The deteriorating situation has already affected the normal operation of medical institutions. Handling medical disputes is related to not only the patient’s health, but also the development of medical institutions and modern medicine. Judicial expertise with a scientific expert opinion, according to which the judge can decide the case accurately, is the prerequisite to handle a doctor-patient dispute.In the process of a judicial expertise, to analyze and determine the malpractice accurately requires experience. It’s the key point to decide if any negligence occurs in the process and if it is related to the damage. It is both medical and legal. Therefore, it is very critical to understand the legal identification of medical malpractice and know how to appraise it.This study is based on a number of doctor-patient dispute cases and literature and points out some questions in the practice of judicial expertise in medical malpractice cases in order to provide methods to make the expert opinions more accurate. The full text contains about 30,000 words.The first chapter introduces the causes of the doctor-patient disputes and defines the concept of medical malpractice and medical damage liability. Questions would be raised through a concrete case.The second chapter is mainly about the legal basis of medical malpractice, including common law system, continental law system and the <Tort Liability Law> enforced in 2010 which unified the system of medical damage liability.The third chapter is the emphasis of this paper. It is mainly about methods to appraise a certain medical malpractice case, including review of medical record, duty of care, determination of medical standard, appraisement of damage and confirmation of causal relationship.The last chapter mainly discusses the principles of judicial expertise in medical malpractice cases and prioritization schemes to the procedure. Hopefully, the improvement of the procedure and the system could bring more objectivity, scientificalness and impartiality to the expert opinions.
Keywords/Search Tags:Doctor-patient Disputes, Medical Malpractice, <, Tort Liability Law>, , Medical Standard
PDF Full Text Request
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