Font Size: a A A

Research On Several Judicial Practices Of Liability For Medical Damage

Posted on:2021-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Q S ZhengFull Text:PDF
GTID:2416330611496767Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,the number of trials of medical damage liability disputes by courts across the country has not fluctuated greatly.In 2016,1,604 cases were tried,in 2018,17,472 cases were tried,and in 2019,15,434 cases were tried.Although medical damage liability disputes are only a relatively small number of cases in many civil and commercial cases,the judges in the people's courts across the country have reported that it is more difficult to try medical tort cases than other tort cases.The first reason is that there are few laws applicableto the trial of medical infringement cases,and various judicial interpretations and systems are incomplete.Secondly,in the context of the rule of law society,the awareness of citizens' rights is gradually increasing,which makes the case trial cycle longer and the remission rate getting lower and lower.Finally,the inadequate medical appraisal system for hearing medical infringement cases makes it difficult to resolve and prove the focus of medical infringement disputes.In summary of the above reasons,the law applicable to medical damage liability dispute cases urgently needs to unify the standard of adjudication and solve the problem of difficult judicial application.This article takes the statistical analysis of medical damage liability dispute cases tried by the courts of all levels in Jilin Province in the past three years,especially the statistical analysis of 69 medical damage liability dispute cases concluded by the second instance of Changchun Intermediate People's Court in 2018 as the starting point.It combines the tort law and medical treatment.Judicial interpretations related to damage liability dispute cases,analysis of legal application problems encountered in medical damage liability dispute cases,and combined with the specific circumstances of the practice,put forward applicable recommendations.It mainly involves the principles of imputation of medical damage liability cases,distribution of burden of proof,standards for compensation for medical damages,and specifications for identification of medical damages after the implementation of the Tort Liability Law and related judicial interpretations.Reference standards for case trials,control the scope of judges' discretion,and promote the establishment of a long-term mechanism for the application of law.
Keywords/Search Tags:Medical damage, burden of proof, damages, Responsibility appraisal
PDF Full Text Request
Related items