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The Study of Identifying Medical Standard in Medical Liability Field

Author: LiBinXia
Tutor: YuanShuTao
School: Southwest University of Political Science
Course: Legal
Keywords: Medical standards The popularity of said Law norms say
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 80
Quote: 0
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Abstract


The rapid development of medical technology, due to various reasons, the patient disputes increasing number of medical harm the frequent occurrence of the sheer number of damage, it has become a social problem that can not be avoided. The doctor believes that the progress of medicine, while filling the physician to become a victim of the law \But the patient is in the doctor-patient relationship will always be vulnerable, and the growing lack of trust of the doctor. How best to resolve medical disputes have been solved a problem. From a legal point of view, from a legal perspective the handle medical malpractice, the core content of which is the fault identified by the medical staff. Laws, regulations and treatment practices to measure only one of the medical staff negligence standard, also called specific criteria; medical standards \But how to identify the medical standards, the existing laws do not make the appropriate provisions, which makes the concept difficult to grasp when used in practice. The advantages and disadvantages of medical standards in its abstraction and generality. On the one hand, the abstraction and flexibility so that the standard applicable flexibility, flexible, on the other hand, the standard is difficult to operate in practice, and the legal provisions too concise. The purpose of this writing is a recognized medical standards, in order to be helpful to be able to practice. Influenced by the medical act in view of the level of medical treatment, the paper first came up in the analysis of the characteristics of medical practices on the basis of analysis of the concept and role of the medical standards. Identified the importance and complexity of medical standards and its urgency, as described below basic practice is illustrated through the analysis of the concept and role of the medical standards. And then elaborated on this basis abroad all kinds of theories about how to identify the level of medical treatment, on the basis of analysis of the advantages and disadvantages of the various doctrines, based on the combination of academia recognized medical standards point of view and the actual situation of China's medical proposed a author their own views on how to identify the level of medical. As we all know, medical standards is not only a constant dynamic development, and is affected by various factors, such as geographical factors, the level of medical institutions, the factors for medical expertise, level of medical staff, emergency factors of these factors affect and influence the extent to which the medical level found to be discussed in depth. Finally, the paper concludes with my personal superficial suggestions on how to identify the level of medical. The medical level should not just measure the standard of medical staff clinics obligations also is a measure of the standard of medical staff describes obligations referral obligations of the medical staff should be the proper meaning of the concept of medical standards. And identified the main medical standards nor should only medical personnel, the judge should make a value judgment, our identification system also needs to be improved.

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