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The Analysis of Medical Liability Tort by Medical Interns

Author: HePeng
Tutor: MaMingXian
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: Medical interns Medical tort Damages Attributable
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 80
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Abstract

Medical tort is a special type of tort, and medical interns in this particular type of infringement in the midst of a special legal status.However, in China’s current law does not assume responsibility for medical intern medical tort specific and clear requirements.Medical interns special legal status depends on the status of their temporary contract workers, is that both in law and in practice have become blurred in the legal ownership, the decision of the medical intern does not have full commitment to the dominant position of the medical tort liability. The medical tort still have to ultimately bear the responsibility attributable to medical institutions, but this attribution is contrary to the principles of fairness, so how on medical interns in medical activities in the actual damage caused by the patient’s health and the damage incurred responsibility to be a reasonable need to solve the problem. In other words, the implementation of a medical intern tort, and tort and the damage that a causal relationship between the results, and resulting in a paradoxical state:medical intern’s special legal status and accountability between the medical tort attribution. This paper attempts an analysis of this contradiction, obtained medical intern medical tort accountability principles.Therefore, this paper combined with analysis of medical doctors and other legal subjects, the dominant position of legal intern, medical intern in order to determine the rights and obligations on the enjoyment and commitment in what position; then the general tort liability for medical analysis, the medical practice health care’s commitment to the principles of tort, and a detailed analysis of fault liability, the principle of no-fault liability and equity for the specific application of different medical harm; the final analysis, come to medical intern medical tort liability attributable to the principles and exemptions. In this paper, a logical analysis of the main method, supplemented by empirical research on medical intern medical liability tort analysis, that future research may be useful as reference results.

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