Empirical Study On The Security Obligation Of Medical Institutions

Hospitals are public service institutions provide medical services to the public,the daily mobility of personnel is big,the combination of various accidental factors lead to various types of damage incidents,medical disputes emerge in an endless stream.Among them,in addition to the medical damage caused by specific medical behavior,the case of personal injury and property damage caused by the improper performance of the security obligation is also emerging,and this kind of dispute is becoming a new focus.At present,the security obligations of medical institutions has not been paid attention to by the hospital,the patients and the society.Only when the dispute arises,the parties will examine the system and standards.The obligation of safety guarantee system exists many differences on the theory since its establishment,which has led to issues like "Different judgment of the same case" in judicial practice,medical institutions as public places is also involved in "common problem somesentence" and difficult to grasp the duty boundary.Therefore,it is necessary to clarify the connotation,the main content,the imputation principle and the way of bearing the responsibility of the security obligation of medical institutionsult to provide the reference and the use of reference for juridical practice.In this paper,through the case study,combing the problems and reasons in the trial of such cases,from the perspective of empirical research,to provide relevant recommendations to solve the problem.The paper includes four chapters besides inrtoduction and conclusion,The tructure of man body as follows:The first chapter is the statistical analysis of the relevant cases collected in the Judgment document datebase,about the reasons that most likely to happen security obligations infringement damage compensation in the medical service management process,the level of defendant hospitals,and the responsibility that hospital had to bear,then take a summary of the prevalent problems in Judgment and judge rules of typical cases.The second chapter focuses on the analysis of the composition of the security obligations of the medical institutions,and demonstrates the rationality of the medical institutions as the main body of the security obligations,defines the scope of the main body of the rights and obligations of the hospital,and summarizes the contents of the security obligations of the medical institutions.The third chapter discusses the responsibility of the security obligations for medical institutions.The paper analyzes the problems such as the principle of imputation of the violation of the safety and security obligations of the medical institutions,the constituent elements and the right of recovery to the third party in the case of the infringement of the third party.In the fourth part,according to the above analysis,the relevant suggestions on the existing problems in the security system of medical institutions.Clarify the reasonable limits of the security obligations of medical institutions,make suggestions on legislation and judicial practice,and put forward perfect suggestions for the reasonable implementation of the security obligations of medical institutions.