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Medical malpractice negligence theory

Author: ChenHui
Tutor: YaoXinHua
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Medical Malpractice Medical negligence Tort Legal definition Medical act Metrics Related theories Angle Burden of Proof Objectively say
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 217
Quote: 6
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Abstract


In this paper, the practice of medical malpractice legislation and medical dispute processing , based on the theory of civil law , from the point of view of the abuse , through the analysis , comparison and empirical and other research methods , sought to tease out the concept of medical malpractice The legal definition . Article proposed medical malpractice in medical negligence exists as an important measure ; particularity for medical practices , said from the objective point of view , the meaning of medical negligence and criteria are analyzed and discussed , to clarify the burden of proof of medical negligence handling Medical Accidents point of view; for identification of medical negligence in the practice unfair recognized standard medical negligence is not clear enough , the extent of the consequences of medical negligence distinction worthy of study , combined with legislation in the field of medical malpractice tort and judicial practice , the proposed recommendations .

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