Font Size: a A A

Research On Tort Liability Of Excessive Medical

Posted on:2018-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2416330536975209Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,people has paid much attention to "excessive medical",It is different from the general medical infringement: on the one hand,excessive medical infringement is a kind of infringement by "excessive" medical behavior,it is more hidden than the general medical infringement;The other hand,it can only cause property damage,but also can cause property and personal injury,and its subjective psychology often is intentional,and more malignant,so it needs to be resolved.According to Article 63 of the Tort Liability Act,medical institutions and their medical personnel shall not violate the examination and treatment standards to carry out unnecessary inspection.This is the first time that over-examination is included in the legal field.In practice,except over-examination,it may also include over-treatment,over-care and so on.The law gives people the basic rights,and in most cases medical activities obtain the cure of the disease at the expense of the patient itself.Therefore,in the medical process,the protection of the basic rights of patients is particularly important.The conflict between the protection of the basic rights of the patient and the performance of the liability of the medical party causes the tort liability,which leads to a series of related legal issues.This article consists of four chapters:The first chapter is discussion of excessive medical.The study of excessive medical in the jurisprudence was late,and involved medical and legal fields,so,there is no uniform statement about excessive medical.In order to study,first,I summarize the achievements of other fields,and combine with available information and redefine the definition of over-medical care.Second,I round the excessive medical and other similar concepts,such moderate medical to distinguish.Third,I sort out how to identify the way of excessive medical behavior.The second chapter is the evaluation of article 63 of the "tort liability law".First,I speak the understanding of article 63,including the understanding of unnecessary inspection and treatment norms.Second,it is about the type of performance of excessive medical in practice.Third there are the shortages of the article 63 in the tort liability law.The third chapter is the relevant jurisprudence of excessive medical tort liability.First,I judge the legal nature of over-medical treatment by combing the existing view.From the patient's rights and the responsibility of the medical institution,Second,I explain the basic civil liability for over-medical care.Third,it's the analysis of the elements of excessive medical tort liability.The fourth chapter is the determination and commitment of excessive medical tort liability.First of all,I analyze the attribution principle of other medical tort,and sum up the attribution principle of excessive medical,and then analyze the subject of the tort liability from two sides;The third is about the exemption excuses of medical institutions.
Keywords/Search Tags:Excessive medical, Legal nature, Attribution principle, Medical tort, Tort compensation
PDF Full Text Request
Related items