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An Empirical Analysis Of The Status Of Medical Malpractice Identification

Posted on:2018-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:L QiaoFull Text:PDF
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The evolution process of the civil liability of medical malpractice nature has been carried out by the individual medical person bears the public responsibility worldwide to the individual medical person takes responsibility for the implied contract of the individual patient,and finally changed to the medical institution undertakes the tort liability of the injured patient.Therefore,it should be more accurate to describe the medical malpractice by the term of ‘medical damage' instead,since we all know,in the case of medical damage disputes,medical accident identification has become a vital part now.China's current medical damage identification system includes Health System's(i.e.Medical Association)medical accident identification and the forensic identification from China's judicial administration,and which is the long-standing dual-track system of medical damage identification in China.No matter medical or forensic accident identification,both of them have their own advantages and disadvantages,thence,how to integrate their advantages in the future reform of judicial and medical system,and explore a suitable medical damage identification system is becoming particularly important to China.Simply speaking,the author tries to use the method of empirical analysis to analyze the judgment cases from different district courts,so as to observe the influence between medical malpractice technical appraisal and forensic identification to the results of different judgments,and finally depending on the comparison of the world medical damage identification systems to put forward some of feasible recommendations.
Keywords/Search Tags:Medical damage disputes, Medical accident identification, Medical association, Forensic identification
PDF Full Text Request
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