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Concerning The Improvement Of The System Of Medical Damage Compensation

Posted on:2017-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:L L XieFull Text:PDF
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In the medical damages responsibility system has had three core issues: medical liability for damage type, medical damage appraisal, medical damage compensation. Of medical damage appraisal directly impact damage compensation problem, thus it is necessary to be included in the to the generalized medical damage liability system, research with damage compensation problem; and only on the basis of professional, scientific appraisal conclusion can be more clear, fair and reasonable responsibility identification and compensation, to handle disputes, alleviate the doctor-patient conflicts. Prior to the implementation of the tort liability law, according to medical disputes damage problem, on duty type (causes) medical accident and medical negligence exist two kinds of standards, the damage identification in medical accident appraisal organization and the judicial authentication institutions of judicial appraisal two appraisal system, on the medical damage compensation, there is on the basis of byelaw of medical accident treatment and the general principles of the civil law, two kinds of compensation standards, led to the medical damages responsibility system seriously. After the implementation of the tort liability act, while on duty type, concept (cause) for "medical liability for damage", implement the responsibility type and (cause) unified concept, but the damage appraisal and compensation is not uniform problem still not solved, real medical damage liability system of our country still remains to be perfect.In this paper, it is under the above background, through the analysis of two concrete cases, it is concluded that China’s medical damage liability system is still not unified conclusion of the binary pattern. Then on the above conclusion, the two appraisal system still exist, the principle of full compensation have limitations in medical institutions, the lack of regular gold compensation one-time compensation problem such as burden of concrete in this paper. On the basis of the above content, this paper points out that constructing system of unified and perfect medical liability for damage, the necessity of and concrete measures are put forward:medical damage appraisal generally involve professional clinical medical problem, has a professional, so should choose medical association as the main appraisal institutions; on the issue of damage compensation, on the basis of the careful use of restrictive compensation, applies a system of gold on a regular basis, so as to adapt to the particularity of medical liability for damage.
Keywords/Search Tags:Tort liability law, Medical liability for damage, Medical damage appraisal, Medical damage compensation
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