Study Of Medical Tort Punitive Damages System

In recent years,because of medical tort caused by the doctor-patient conflicts intensified,mostly caused by medical tort damage compensation problem,lead to patients and their families for medical institutions lack of trust,the patients and their family members often beat and scold take containment hospitals,doctors,interfere with the normal management order of hospitals and other extreme illegal and even criminal means to advocate interests.Investigate its reason,mainly because after medical infringement occurs,the existing compensation relief system can't fully make up for the loss of life and property by the infringer.The act of tort liability in our country is only for medical products in the field of medical tort rules for the application of the punitive damages,and other types of medical tort is be relieved by means of compensatory damages,the existing tort liability for compensation has not been able to contain malicious medical tort.In the food safety and product liability in our country and the commercial housing sale,and other fields has been the introduction of punitive damages system,although the scale of the punitive damages than the punitive compensation system developed is dwarfed by the United States and other countries,but the effect is positive and effective judicial practice.In the adjustment of medical infringement,the punitive compensation system would not be punished by the system of compensatory damages,prevention and encouraging outstanding function,can effectively curb malicious medical tort occurred at the same time,but also to stimulate the party to safeguard their own lawful rights and interests through lawsuits way's enthusiasm,the establishment of the medical tort punitive damages system for the construction of harmonious doctor-patient relationship has a positive role.The establishment of the medical tort punitive damages system,which is beneficial to realize fairness and justice of law.The paper summarizes the research methods of literature review,semantic analysis,comparative analysis and empirical analysis.The article is divided into five parts.The first part is a summary.The second part is an overview of the system of medical infringement and punitive compensation,and the realization of the relevant concepts and institutions is clarified.The third part from the punitive compensation system to solve the malicious advantage of medical tort,analyzed the medical tort field in our country is introduced into the necessity and feasibility of punitive damages.The fourth part is combined with countries outside the punitive compensation system on the good experience of medical infringement,as well as the characteristics of medical tort disputes in our country,draws implications to our country.The fifth part from the legislation pattern choice,the medical tort field applicable conditions and scope of punitive damages as well as the determination of punitive damages and applicable problems put forward the conception of the framework of medical tort system of punitive damages in our country.This paper attempts to show the superiority of system of punitive damages system in special medical tort relationship,in order to relieve the contradictions of practice outstanding medical disputes,improve the medical tort remedies,push to achieve institutionalization and scientific medical tort compensation and relief,as well as legislative perfect in the field of medical tort relief ways and methods to provide theoretical reference and support.