Dissertation > Excellent graduate degree dissertation topics show

Study on the Imputation Principal of Medical Tort

Author: XiaLu
Tutor: FuDingSheng
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Imputation Principles Medical Injury Medical liability for damage
CLC: D922.16
Type: Master's thesis
Year: 2010
Downloads: 587
Quote: 2
Read: Download Dissertation

Abstract


China before the introduction of the Tort Liability Act for medical tort of medical malpractice and non-medical division, then law applies the dual situation. Study its fundamental but processing means with the administration of the means in place of private law because legislators attempt to solve the medical damage. The Tort Liability Act provides for the first time in the seventh chapter in medical liability for damage, be unified medical process Infringement of behavior than the binary status before the law applicable is undoubtedly reasonable. Medical harm the principle of attribution provisions, 54 establish a general fault liability responsibility principle, Article 57 also provides that the presumption of fault of the three cases, 59 provides that the principle of no-fault Liability. This article detailed discussion and analysis of medical harm the principle of attribution, in order to provide a theoretical foundation for the correct and reasonable determination of medical liability for damage. This research path is to first start from the medical concept of damage established scientific point out why the medical use of the concept of damage, to establish the type discussed in the concept of health damage divided. Medical damage virulence reasons were divided into the medical technical damage and non-medical technical damage in two categories, divided into medical products damage the other circumstances of the situation, and medical ethics damage in the non-medical technical damage, for the uniform application of medical technological damage presumption of fault rules applicable fault liability principle, adopting both the rule of presumption of fault, no-fault Liability principle applies for the damage medical products in the non-medical technical damage, and various medical, ethical damages for non-medical technical damage part demonstrated in detail the reasons and basis of the characteristics of various types and adopt different imputation principles under the type of damage. Introduction and a brief analysis of the legislation and practice the handling of foreign countries and regions, and pointed out that the characteristics of the countries to address medical damages applies the principle of attribution and worth learning place from the perspective of comparative law, the author advocates learn French law on medical the damage classification ideological and appropriate transformation to establish the principles of the system of medical damage Liability characteristics based on the combination of medical damage. Finally, the relevant provisions of the Tort Liability Act, reasonable from the point of view of the type of medical injury. Pointed out the inadequacies of the Tort Liability Act is to take fault liability General Liability Principle, adopting both the rule of presumption of fault, the technical damage caused by violation of the relevant provisions of the applicable presumption of fault, there is no violation of the relevant provisions of the Principles of Responsibility for medical technical damage adoption of general fault situation. This will cause great difficulties due to the burden of proof on the patients is difficult to obtain compensation. The author argues that the Tort Liability Act shall, in accordance with the specialized and complex nature of the characteristics of the medical technical damage, the uniform application of the presumption of fault rules, so as to maximize the balance between doctors and patients. ?

Related Dissertations

  1. A Study on the Allocation of Burden of Proof in Medical Negligence Lawsuit,D925.1
  2. Study on Responsibility of Advertising Media,F713.8
  3. Medical damage responsibility causality research,D923
  4. A Study of Legal Problems on Warning Defect,D923.8
  5. On Equitable Liability Principle,D923
  6. The Research on Criterion of Liability for Students’ Injury Accidents,D923
  7. The Discussion on Faulty Libility of Medical Infringement and Improvment,D922.16
  8. Study on School Liability of Students’ Injury Accident,D923
  9. Study on Tort Liability of School in Minor Students’ Injury Accidents,D923
  10. On the Administrative Compensation of Indirect Relative in Administrative Licensing,D922.1
  11. School in the campus infringement Study on Civil Liability,D923
  12. The Research on Principle of the Liability of Product Quality,D923.8
  13. On the Civil Liability of Kindergarten in Kindergarten Children’s Personal Injuries,D923
  14. On Principles of Assumed Liability for Damage of Complications,R-051
  15. Research on Civil Liability of School for Campus Torts,D923
  16. Discussion of Tort Liability in Road Traffic Accidents,D923
  17. Research on the Rule of Law about Independence of Certified Public Accountant Auditing in the Comparative Law Perspective,D912.2
  18. On the fault of the medical liability for damage,D923
  19. The Operators of Security Obligations,D923
  20. Study on Animals Tort Liability,D923
  21. Throw objects within the buildings causing damage Issues,D923

CLC: > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act
© 2012 www.DissertationTopic.Net  Mobile