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On the Civil Liabilities for Medical Malpractice

Author: WangKangPing
Tutor: HongWei
School: Zhejiang Normal University
Course: Civil and Commercial Law
Keywords: Medical Malpractice Constituent elements Imputation Principles The burden of proof Application of the law
CLC: D922.16
Type: Master's thesis
Year: 2010
Downloads: 168
Quote: 1
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Maslow's hierarchy of needs theory human needs are divided into five categories, reflecting the needs of the people from the junior to the senior law of development ① embodied in the context of the doctor-patient relationship, the humanity of their own health concerns China's economic strength continues strengthen constantly optimize the quality of life of the people is a natural extension. But economic development also brings depth medical research, and the enhancement of the public awareness of the rights and pecuniary interests flooded a series of complex, pluralistic society effect, the doctor-patient relationship is facing unprecedented challenges, medical malpractice with gradual increase, reasonable resolve medical malpractice disputes has become a social problem. In this paper, the meaning of medical malpractice, the nature of the legal relationship between doctors and patients, and medical malpractice civil liability, components, responsibility principle, the burden of proof, a number of theoretical issues of the application of the law and compensation from abroad viable legislative experience, put forward a sound medical malpractice legislation and judicial recommendations. The paper is divided into four parts, the first part of \analysis of the legal relationship between doctors and patients and the nature of the civil liability of medical malpractice. The second part is \Liability for breach of the constituent elements: breach of contract, damages fact, causation, but in exceptional circumstances, the damage that this is not the absolute elements. Four of the constituent elements of the tort liability: medical violations, the fact that damage to health violations prejudice to the fact that a causal relationship and negligence. This section at the same time through a comparative study at home and abroad \The third part is \fault liability trends, combined with the burden of proof of medical malpractice Inversion Principle and abroad, the burden of proof allocation theory, argumentation medical malpractice proof of the responsibility of the principle of pluralism. The fourth part is \and related judicial interpretations, \\

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