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On Principles of Assumed Liability for Damage of Complications

Author: XiangZuo
Tutor: HouGuoYue
School: Southwest University of Political Science
Course: Legal
Keywords: Complication Imputation Principles Fault liability Presumption of fault liability No-fault liability
CLC: R-051
Type: Master's thesis
Year: 2010
Downloads: 80
Quote: 1
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Abstract


In a considerable number of medical tort case, law experts, and even the medical profession has not the concept of \complication is entirely possible that the damage caused by the medical tort results. That being the case, you should determine the responsibility on the results of this damage, And research complications liability, the first place should be determined what imputation principle shall apply. Tort Liability Principle, around this issues analysis, in order to have a clearer understanding of the medical tort cases involving complications imputation principle, to provide some reference to practice. This article discusses divided into the following four parts expand: The first part of the definition of complications. The author analyzes the various definitions that complications due to the primary development of the disease or the intervention of a number of new factors, the patient's body suffered a new injury on the basis of the primary disease. Meanwhile, based on the complications of the situation is more complicated, various classification methods, the author based on the scope of this paper, the complication is divided into the complications caused by the presence of medical negligence by medical staff, notification obligation due to the medical staff is not entirely due to concurrent disease and complications caused by defective medical products. The second part of the system Tort Liability Principle elaborate system of related doctrines, from the definition of the Principles of Responsibility, two elaborate. Responsibility principle, is to determine the tortfeasor to assume the tort liability of the general guidelines. Cited academic system of the Principles of Responsibility \should be a presumption of fault and no-fault liability principle constitutes the principle of fault liability. The third part is the doctrine of the principles of our related complications Compensation Liability law. Liability for complications should be applicable to what the Responsibility Principle, the scholars this study less, more research for medical tort liability should apply the Principles of Responsibility. Brief summary of scholars disputed whether medical tort liability should apply to what the Responsibility Principle \countries and regions Medical Tort Liability Principles. My analysis that the causes and manifestations of the complications of the complexity of the decision alone what kind of imputation principle are inappropriate, must be the principle of fault liability, the presumption of fault and no-fault liability principle to combine in order to solve the complications caused by complex medical disputes. The fourth part focuses on the specific complications Compensation Liability principle applies. The author argues that the complications of the different types of liability shall apply the principle of attribution, and analyze the reasons applicable, should pay attention to the problem. Of complications caused by medical personnel, medical negligence liability shall apply the principle of fault liability, fault determination and the burden of proof is to focus attention to the problem. Inform obligations due to the medical staff is not entirely due to complications liability should apply the presumption of fault, \Medical product defects caused by complications liability should refer to product liability, applies the principle of liability without fault. Medical product \Complications of the principle of attribution of liability in judicial practice frequent but less research, the author attempts to stand in a new perspective on this issue were analyzed, and made their views.

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