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Analysis Of The Identification Of The Evidence In The Trial Of Medical Disputes

Posted on:2017-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:R L WangFull Text:PDF
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In recent years,medical disputes have been recognized as a difficult problem in the case of tort damages.In December 26,2009 the eleven session of the Twelfth Meeting of the NPC Standing Committee voted through People's Republic of China tort law and“People's Republic of China Tort Liability Act”(hereinafter referred to as “tort liability act”)was implemented in July1,2010,there are two problems in medical dispute cases,which are the dualistic problems of identification and the dualistic problems of the law application.The dualistic problems of identification are the identification of medical malpractice and medical fault identification.The dualistic problems of the law application is that the applicable law should apply the “Regulations on handling medical accidents”or for “general rule of the civil law” and the judicial interpretation of the Supreme Court and other regulations.Two different treatment methods result in the difference between the results of the compensation.“Several provisions on evidence in civil proceedings” in April 1,2002 stipulates the principle of burden of proof in medical dispute cases.The doctors should provide evidence that the medical action whether is at fault and the damage of medical practice and medical patients whether there is a causal relationship between the consequences.Tort liability law specifically set up a chapter “medical liability for damage”.The law stipulates the principle of fault liability for medical malpractice cases,to a certain extent,to solve the problems such as the dualistic problems.In the case of the people's court hearing the case,there are still some problems that ordinary infringement cases do not have.For example,medical dispute cases doctors to provide true and complete records is its legal obligations,but how to identify the authenticity of medical records? As a professional of this kind of cases,of both responsibility and responsibility of the size,the general need for medical malpractice or medical fault identification.But in the identification process is also problematic,the expert opinion of how to admit? In medical malpractice cases,admission records authenticity and expert opinion has been the two main problems of the judge.The article from the case of medical disputes exist defects,objection,medical chart reviewidentification,identification of objection handing,causation and other aspects of the practice in the work process and summary.
Keywords/Search Tags:medical disputes, tort liability, medical record, appraisal opinion, identification of evidence
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