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Determination of the medical damages responsibility from Li smiled case

Author: LiQiong
Tutor: WangHongMao
School: Northwestern University
Course: Legal
Keywords: infringement constitutive requirements damage compensation perfect the system
CLC: D920.5
Type: Master's thesis
Year: 2013
Downloads: 9
Quote: 0
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Abstract


With the development of economy, People, pay more and more attention to them health, The improvement of people’s living standards. The particularity of medical industry makes medical disputes increasing year by year. The medical damage, as a kind of tort, is difficult to deal with in judicial practice because of the imperfection of the law in our country.《Tort Liability Law》 promulgated in2007, makes up the defect of the prior to some extent, but it is insufficient.The author starts from cases, discussed the legal issues in details involved in the cases. The article is divided into three parts. The first chapter lists the cases, focuses on the controversy of doctor and patient. Then the legal analysis and theory are carried out. In the second chapter, the author introduces the concept and characteristics of medical malpractice disputes, analyzes the current development, focuses on the constituent elements of medical malpractice, responsibility principle and the burden of proof. The author is in favor of "four elements":the diagnosis and treatment behavior of medical institutions and medical personnel, damage, causality between illegal medical behavior and damage of patients, the fault of medical institutions and medical personnel。The principles of imputation in 《Tort Liability Law》 are:fault principle; the principle of presumption of fault and no-fault principle. In the third chapter the author studies the different between Chinese and foreign countries through comparative method, puts forward some suggestions of perfecting our country’s medical damage compensation system, balance the interests between doctors and patients by dispersing the medical risk. Thus the medical enterprise can obtain long-term development. We should continue to research the reasonable solutions in all aspects of medical disputes to safeguard rights and interests of both doctors and patients timely and effectively. Building a harmonious doctor-patient relationship is not only building a harmonious society,national general requirements, but also, majority of the people eager anticipation.

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CLC: > Political, legal > Legal > Chinese law > Interpretation of case
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