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Research On Liability For No-Fault Medical Damage

Posted on:2021-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z X JiaFull Text:PDF
GTID:2416330626464734Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the country a lot of input to the medical and health undertakings,medical technology and the way of diagnosis and treatment has been greatly updated,but it also increased the complexity of the medical behavior and risk,a sharp increase in the incidence of medical accident is the patient losses did not receive adequate relief,the situation worse,to the healthy development of medical and health undertakings in our country put forward the severe challenge,at the same time around the world in dealing with the injury caused by medical accidents.In order to alleviate this dilemma,countries around the world began to explore the solution to this problem,and the ultimate effective solution is to introduce no-fault medical damage liability system.This system does not care whether the medical personnel are at fault,but directly attributes the result of the medical damage directly to the medical institution.Representative countries are the United States,New Zealand,Belgium and Sweden.Based on the consideration of protecting the interests of patients,the author thinks that the system should be introduced in China.Because there are medical risks everywhere in medical behavior,that is,in some special cases,even if doctors have done the possible duty of care under the current medical conditions,it is difficult to prevent the occurrence of medical damage in many cases.Even if the medical staff has subjective negligence,if the existence of such negligence needs to be proved,it needs to be proved by a professional third-party appraisal institution or case data.There are many inconveniences in the practical application of these two important proving paths.When the remedy path is not free,the patients who are in a weak position bear the losses caused by this,which makes the burden of patients heavier.The no-fault medical damage liability system is just designed to relieve the burden of proof of the patient and protect the interests of the patient.The author first introduces the basic theory of no-fault liability system for medical damage.Secondly,based on the experience of comparative law,it is found that to implement the no-fault liability system of medical damage,we need strong fund support and perfect legal system guarantee.And then the analysis of the system in our country and the status of the development background is appropriate for no-fault the development of the medical damages responsibility system,the authorfound that the existing system of medical damage liability there is a responsibility that too much emphasis on "fault",is difficult to deal with the emerging medical liability for damage caused by technology and the existing medical system against the patient's security,etc.The no-fault liability system of medical damage has the advantages of focusing on more objective "loss",the continuous progress of mobile medical technology and focusing on the maintenance of patients' interests,which can make up for the shortcomings of China's existing liability system of medical damage.At the same time,this paper analyzes the feasibility of establishing no-fault liability system for medical damage in China,and finds that the subjectivity of medical industry,the particularity of medical behavior and the development trend of China's medical health reform have not created conditions for China to introduce no-fault liability system for medical damage.Finally is in reference to foreign legislation,judicial experience and development status of China's medical and health undertakings,on the basis of the no-fault medical damage liability system in China is proposed Suggestions,namely establish no-fault liability system of medical damage through legislation,build three channels of relief pattern,namely the government grants the no-fault medical damage compensation fund,expends the patient himself no-fault medical injury insurance system and through social donation to build social relief fund.
Keywords/Search Tags:no-fault liability, Medical injury, Compulsory insurance, The social fund
PDF Full Text Request
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