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Legal Issues of Medical Damages

Author: LiuYuFang
Tutor: MouXianKui
School: Shandong University
Course: Legal
Keywords: Medical malpractice medical damages Medical malpractice liability Elements the scope of compensation
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 106
Quote: 0
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Abstract


In recent years, physician-patient relationships are more and more intense. And medical malpractice compensation disputes show a rising trend. The disputes include all stages throughout the care, treatment, surgery, all aspects of rehabilitation. Besides, the disputes are difficult to handled. How to solve the problem?According to "the cause of civil cases", the disputes are identified as "compensation for medical malpractice disputes," and "medical services contract disputes". There is a difference between the two. The former is a tort damages of the complaint. The other is contract complaints. But the two are interrelated, and damages for infringement can be produced also for breach of contract. The application can choose either cause of action to sue. In judicial practice, according to whether the conduct constitutes a medical malpractice standard, medical malpractice damages disputes can be divided into fault damages and medical disputes. This classification is based on the law applicable. Article 1, paragraph 1 of the Supreme Court "on the reference Regulations of Medical Malpractice medical malpractice civil notice of hearing," states "" Regulations "came into effect after the due damages caused by medical malpractice disputes, complaints to the court, with reference to "regulations" relevant regulations; caused by reasons other than medical malpractice and other medical compensation disputes, for "Civil Law" requirement." This regulation causes, First, identify the cause of the dual health care by the Medical Association of Medical Malpractice and the courts to specialized forensic identification of bodies of medical mistakes exist, second it cause double standards. "Tort Law", ends the two types of items and standards of compensation disputes to some extent.Medical malpractice liability Elements include:(1) medical practices are at fault. (2) medical malpractice. That medical treatment results the damage of property rights and moral interests. (3) personal injury medical practices and patients a causal relationship between the consequences.

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