Research On The Limitation Of Medical Damage Liability In China

The medical industry is a high-risk industry.The frequent occurrence of medical damage brings huge losses to the victims,but also brings heavy economic pressure to the medical institutions and their medical staff.In order to solve the resulting contradiction,this thesis proposes to further improve the medical damage liability limit liability system,and studies and analyzes the relevant legal issues.Based on the relevant legal theories and practices,this thesis analyzes and discusses the current situation of China’s medical service system.This thesis first analyzes the relevant concepts and characteristics of medical damage liability limit compensation,and explains the basic theory of medical damage liability limit compensation from the perspective of public welfare of medical and health undertakings.By sorting out the historical evolution and current legal provisions of the limited compensation for medical damage liability in China,this thesis analyzes the practical basis for the formation of the principle of the limited compensation for medical disputes in China.By introducing the limited compensation system for medical damage in the United States and the principle of non fault liability in Germany,and analyzing the experience of medical damage relief systems under different legal systems in the two countries from the perspective of comparative law,it can be seen that implementing the limited compensation system can balance the interests of the infringer and the victim,provide sufficient economic compensation to the victim,and at the same time,can also limit the compensation expenses of the infringer to a certain extent,reducing its economic burden,Promote the sound development of society.In view of the problems existing in the limited compensation for medical damage liability in China,the rationality of the limited compensation for medical damage liability in China is analyzed through the theoretical disputes on the application of the limited compensation for medical damage liability and the differences on the principle of liability attribution for the limited compensation for medical damage liability.Finally,it proposes legislative suggestions to improve the compensation limit for medical damage liability in China,including the application and limitations of the compensation limit for medical damage liability.In order to improve the limit compensation system for medical damage liability,it is suggested to limit the amount of compensation for mental damage compensation to promote the balance of interests between doctors and patients;And determine the amount of medical damage compensation according to the rules of causation;In full consideration of the actual payment and utility of the compensation amount,improve the payment method of the fixed term compensation;The profit and loss offset rule is implemented,and the payment of compensation is limited to meeting the actual needs of the victims.By establishing a medical damage compensation fund,improving the medical liability insurance system,improving the social medical and health care system,and improving the social security system,we will continue to improve the medical damage liability limit compensation system.