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Research On The Disclaimer Of Liability For Medical Damage In China

Posted on:2019-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y R ChenFull Text:PDF
GTID:2416330545487755Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,lawsuits such as disputes over liability for medical injuries have seen a continuous increase in the number of litigation cases.But medical institutions are not always the subject of liability for medical damages.The legislative provisions concerning the liability for the exclusion of medical injury liability provide a guarantee for doctors' free practice on the legal level.In the sense of institutional design,it is beneficial to ensure the vital interests of patients and ease the conflicts between doctors and patients.This paper uses the method of value analysis to discuss the rationality and legitimacy of the legislation of the medical injury exemption rule.The discussion on the issue of exemption uses a comparative research method and compares the defense fact with the illegal obstruction.Through the method of literature research,the author analyzes the status quo of legislation concerning the liability exemption of medical injury liability in China's Tort Liability Law,and proposes that the medical malpractice exemption currently existed.The exemption list of the exemption is insufficient,the lack of operability of exemption,and the lack of supporting system for exemption are insufficient.This article begins with the definition of the concept of responsibility for medical damage.The connotation of medical damage liability often refers to the tort liability that the medical party needs to bear the responsibility for the medical injury caused by the medical negligence or certain laws and regulations.The criteria for the determination of the medical malpractice exemption can be judged from four points: whether the medical behavior is illegal,whether there is a causal relationship between the medical damage result,the medical behavior and the damage result,and whether the medical institution has a subjective fault.The concept of the liability for exoneration of medical damage liability was determined.It refers to the fact that although the medical side caused damage to the patient in medical activities,it can exempt the medical party from the grounds of damage liability according to the law;the exemption of medical damage in China's Tort Liability Act Problems existing in the regulations have been given corresponding suggestions for improvement.Medical accidents and unavoidable complications can be set up as new exemptions.The existing issues of exemption were concretized,the judicial interpretation of medical injury disputes was improved,and the operability of the cause of the medical malpractice was improved.The problems existing in the use of medical malpractice could be improved by establishing and improving relevant supporting systems.Improve the medical injury identification system,establish a no-fault medical injury compensation mechanism,and provide strong help from the implementation of medical injury exemption to the sharing of social risks.
Keywords/Search Tags:medical damage liability, medical injury exemption, no-fault medical injury compensation system
PDF Full Text Request
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