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Research On Medical Fault Recognition

Posted on:2020-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z LiFull Text:PDF
GTID:2416330575466671Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In medical disputes,the balance between doctors and patients is the key to dealing with problems.Medical damage is a part of the infringement.Fault is an important part of the infringement.The identification of medical fault is an indispensable part of medical damage.In the identification of medical faults,countries have different standards.This paper compares and analyzes the criteria for identification and existing obstacles in various countries,combines judicial practice,recognizes existing problems,and proposes perfect suggestions.The difficulty of medical fault recognition is due to the professionalism and risk of medical activities.The problem of medical fault recognition responsibility distribution is how to balance the interests between doctors and patients.Through the various aspects of the proof,this article follows the difficult problems step by step,and solves the embarrassing situation that the medical fault is difficult to identify by solving the small problems one by one.This paper draws on the theory of responsibility distribution of medical faults outside the domain,balances the interests between doctors and patients on the proof,determines the patient's burden of proof,and adopts the evidence mitigation system to alleviate the burden of proof of patients and does not aggravate the responsibility of medical institutions.Directly attack the existing medical fault proof problem and propose a perfect plan.In the issue of medical fault recognition,it is worthy of affirming that in the case of the relative lack of medical knowledge of judges,the appraisal opinion is an important basis for the judge to identify the fault,but there are also omissions in the appraisal system,and rationalization is proposed for the imperfections.Improve opinions.The first part is an overview of the basic problem of this article,medical fault.It clarifies the concept of fault in the infringement problem,the standard of fault recognition,the basic problem in medical fault,and the meaning and characteristics of medical fault.The concept of fault is an important cornerstone of tort law.It is the basis for in-depth study of medical faults.It is a deep understanding of medical faults that rely on the concept of fault.The standard of fault recognition China has three different viewpoints,namely objective fault,subjective fault,and subjective and objective fault.Different viewpoints have different directions and resultsin theoretical application.There is no unified view on the concept of medical fault.Medical fault itself has the general infringement attribute,and it has its own unique characteristics due to the particularity of medical behavior.Clarify the difference between medical faults and related concepts,and further understand medical faults.The second part is to study the standard of medical malpractice in China and beyond,and to analyze the research value and significance of medical fault recognition.There are two types of identification methods for medical fault recognition: attention to standards and medical standards.The study compares the specific content of the two certification standards and analyzes which standards have practical application value.The Anglo-American legal system determines whether the standard of medical fault is a violation of the duty of care.In the United Kingdom,the standard of medical fault is determined in a series of jurisprudence,and the criteria are not static,and the changes are updated through future jurisprudence.Medical malpractice in the United States is based on objective criteria.Medical staff who do not meet the general average criteria in their medical activities cannot be used as a defense.Japan's “Medical Standards” has been highly recognized by the theoretical and practical circles and has evolved over time.In China,the medical standard is regarded as the abstract standard and the duty of care as the specific standard.The relationship between the two is not completely determined in the rules.How to coordinate the application is also the content of this paper.In the third part,the distribution of subject responsibility for medical fault is the judicial application of medical fault recognition.The fuzzy uncertainty of fault recognition also causes difficulties in judicial practice.There is also a dilemma in the distribution of the medical fault subject.If it is assigned to a patient,there is a problem of evidence bias,and the patient is not easy to give evidence,but if it is assigned to a medical institution,there will be defensive medical care in medical activities.This paper analyzes the legislative changes of the medical fault liability subject from the legislative evolution,and compares the distribution of the external subject responsibility to demonstrate how to use the burden of proof mitigation system to solve the distribution problem in practice.In the medical fault certificate,the appraisal opinion is inseparable,but the existing appraisal system still has problems.How toimprove the appraisal system to solve the problem of medical fault recognition and proof is an important basis for the judge to judge the fault or not.The main points of the research.It is necessary to explain and analyze the cause of obstruction,and to prevent the cause from being eliminated in the medical fault determination.There are also problems that need attention.From the perspective of judicial practice,it demonstrates the feasibility and existing problems of medical fault recognition,and studies the medical fault recognition system.It affirms the role of appraisal in the identification of medical faults,and compares and analyzes the status quo of the assignment of responsibility for medical malpractice outside the domain,and draws on the feasibility experience and perfection plan.The fourth part puts forward suggestions for the determination of medical faults.There are cases in which the identification of medical faults is not clear enough,the duty of care is not specific,and the operability is not good.Medical malpractice identification also has certain problems in the distribution of responsibility in judicial practice,proving that the concepts of responsibility and specific burden of proof are mixed,the identification system is not perfect,and the professional trial mechanism is lacking.Suggestions for the above problems are put forward to solve the problems in the theory and practice of medical fault recognition.
Keywords/Search Tags:Medical fault, Medical fault recognition criteria, Medical dispute identification, Distribution of burden of proof
PDF Full Text Request
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