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The Realistic Dilemma And The Way To Solve The Causation Of Medical Technology Damage

Posted on:2018-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:J G KangFull Text:PDF
GTID:2346330518469631Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
2010 "tort liability law" promulgated,the medical tort liability details for three:medical technology damage liability,medical ethics damage liability and medical product damage liability.In the judicial practice,the identification of the responsibility of medical technology is the most difficult,and its crux is just the proof of the causal relationship of the responsibility.Through the legislative analysis and empirical study can be drawn from the medical technology damage liability causal relationship proved the actual dilemma mainly as follows: objects differing connotations,the burden of proof of the main body of the legislative and judicial cooperation is that the patient is too high to prove that the burden of proof is too heavy to prove the responsibility of the referee flood The In the face of the above dilemma,the author has carried on the thorough research to the foreign medical proof system,combined with our country specific situation,put forward the corresponding countermeasure: causality medical technology Damage dispute should fall quite causation in the law;defined under the premise of an object with a clear proof of a unified content,abandons the existing legislation to prove the responsibility to "unrealistic" unrealistic expectations,To prove the responsibility and the burden of proof,in the adherence to the causal relationship between the burden of proof by the affected party at the same time,to focus on the specific evidence of the burden of suffering as the center,to promote the causal relationship information to maximize the fine supporting the certification system-And conduct a conditional causal relationship presumption,class to the medical case to clarify the obligation and give the patient to explore the proof.Two-way adjustment,and jointly promote the clarity of the case information.I believe that by virtue of supporting the system of joint action system to solve the medical technology damage responsibility causal relationship between the proof of the dilemma,far more than relying solely on the burden of proof system to solve the problem,more solid and effective,more realistic and feasible.
Keywords/Search Tags:medical technology damage liability, causal relationship, proof of standards, Clarify obligations, Explore proof
PDF Full Text Request
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