Font Size: a A A

Study On The Principle Of Presumption Of Liability For Medical Damage

Posted on:2019-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
GTID:2416330548451095Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Doctor-patient disputes have been a hot topic in recent years,and the contradiction between doctors and patients has become one of the hot spots of social concern.Tort liability law has caused many disputes on the Principle of presumption of fault,The root cause of academic controversy is that the article 58,paragraph three of tort liability law haven't been understood and analysed thoroughly,in addition,the causation and burden of proof reversed in judicial practice of our country are still lack of specific provisions,the problems of identification of dualization still haven't been solved effectively,which can lead to more problems in practice.Therefore,it is necessary to study the principle of liability for the presumption of medical harm.Based on understanding the concept of presumption of fault liability principle,making a detailed analysis and interpretation of the burden of proof and unreasonable place through the paragraph 3 of article 58 of the basic connotation,put forward the relevant ideas,combining the problems of judicial practice for three stages of applying the principle of presumption of fault respectively,put forward the solution of the actual situation in our country,namely to establish two new system in our country,the burden of proof system and medical damage technical appraisal systeml,through the establishment of two systems to make up for the present lack of the causal relationship between the tort liability act and the regulations of reversed the burden of proof in our country,balance the lawsuit weapon inequality,effectively improve the identification of dualization and other problms.
Keywords/Search Tags:medical liability, presumption of fault, system of abatement of the burden of proof, medical damage technical appraisal system
PDF Full Text Request
Related items