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《Tort Liability Law》of Our Country from the Perspective of Medical Damage Compensation System

Author: HuYaoQun
Tutor: CuiJiZi
School: East China University of Political Science
Course: Legal
Keywords: Medical Injury Tort Law Compensate Mediate
CLC: R-051
Type: Master's thesis
Year: 2011
Downloads: 226
Quote: 1
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Abstract

"The People’s Republic of China Tort Liability Law" went into effect in the July 1,2010.The law provides for new rules for medical malpractice liability relief, the total abolition of the establishment of conditions to form a medical malpractice liability, a unified medical damages standards, defined the nature of the damage and the medical application of law,initially established a "unified" health damage relief system. This important development and implementation of the law will have a profound impact the medical industry, the legitimate interests of both doctors and patients to maintain and promote sustainable development of medical science, promote harmony and so doctors and patients will play an important role.However, "Tort Liability Law" reflects the game between doctors and patients, in large part a product of the interests of reconciliation and compromise, although has been introduced, but remain some inadequates: the vague medical burden of proof of damages, to provide medical information requirement is unreasonable, the difficulties of identify medical standards at the time" and the failure of medical injury burden-sharing provisions of the relevant system.If not pay attention, it will be difficult to resolve the conflict between doctors and patients.I think, the medical indemnity system is a complex system, including the substantive law and procedural law, and other aspects of system design. "Tort Liability Law" about the provisions of "medical malpractice liability"is an important part of the institutional system,and the addition to the provisions of the civil field, there are areas of administrative and judicial compensation on many of the medical system, such as administrative mediation system, medical identification system, evidence system and so on. This proposed based on the "Tort Liability Law" the relevant provisions, combined with other medical indemnity system for the analysis of health care in our country, on the basis of the status of damages and the major issues ,the main comparative approach taken by on the "Tort Liability Law" before and after the change in the medical indemnity system and related systems at home and abroad, such as the impact of medical malpractice compensation and theoretical understanding of civil judicial system processing model, the special nature of medical damage itself, both doctors and patients interests of the game and the lack of an effective solution to the problem of long-term health damage compensation,though analysis the main reasons for these problems, and learn from other countries and regions deal with the issue of damages related to medical experience, propose to strengthen the legal interpretation of liability for damage efforts, to promote medial identification of "unification", a clear causal relationship between medical injury distribution of the burden of proof, to establish risk-sharing mechanisms and the mediation of medical treatment mode of medical malpractice damages and so on. We need some specific measures of damages to improve the system of health care.

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