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Determination Of Causality In Medical Damage Cases

Posted on:2018-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
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Causation has the characteristics of abstractness and complexity,due to the involvement of expertise,it's riskiness and uncertainties,the identification of causality in medical cases are very difficult.Related laws of other nation also hold different opinions.In our country,"proper causation theory" is adopted.But when adapting "proper causation theory" in practice,we have not set unified standards for causation.Many judges did not apply related theories during the process of identifying causation when solving medical tort disputes.When medical disputes happen and appear in courtjudges often rely on technical identification of medical malpractices result mainly.Actually,many problems exist in medical assessment system.When the rules of general burden of proof applied by itself,the assignment of responsibilities cannot be done appropriately.It will increase the burden on patients.Especially when the accident happens with the possibility of survival or recovery.Because the concept of "opportunity loss" is not clearly defined in the current law,patient's right is severely damaged.The patients cannot prove that there was causation between opportunity loss and medical malpractice.Which causes bad relationship between patients and hospital,as a result,this can undermine the development of medical institutions and medical science.In China,our traditional theory of determine medical dispute causation has many problems in theory and practice.When comparing with other country in applying causation rules, the common-law system has better way of thinking when identifying causation relationships,which can be used for reference.Based on the analysis of the disadvantages of dualistic modes of Medical Identification System,my suggestion is to establish an identification mechanism for the settlement of medical disputes. So the evaluation of causal relationship can have a uniform standard.In medical damage trial,the burden of proof is on the patient.The Tort Liability Law legislation should be clear on the causation of medical damage,balance the burden of proof between patient and medical institution At the same time,it is also necessary to determine medical opportunity cost legislatively in order to protect patients' rights.To identify and clarify causality is the most important factor in solving medical damage cases,and the study of theoretical problems and judicial practice problems must be carried thoroughly.
Keywords/Search Tags:medical damage, causal relationship, medical appraisal, burden of proof, loss of opportunity
PDF Full Text Request
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