On the Hospital Liability in the "Li Li-Yun" Case Through Interpretation |
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Author | XiaYu |
Tutor | MaXinYan |
School | Jilin University |
Course | Legal |
Keywords | Legal interpretation Literal interpretation System explained Teleological interpretation Sociological explanation Hospital responsibilities |
CLC | D922.16 |
Type | Master's thesis |
Year | 2010 |
Downloads | 115 |
Quotes | 0 |
We dying in childbirth, must promptly caesarean operation, or has the life danger, and the boyfriend XiaoZhiJun refused to sign the caesarean operation sheet. The hospital to the regulations on administration of medical institutions by article 33 that do not sign can't operation. Finally we didn't get effective treatment for death. Since then we parents to hospital infringement lawsuit and didn't get the support of the court. This paper argues that the hospital based on legal mistake understanding led to the tragedy. So deal with relevant laws of legal interpretation, explore the law should have meaning. This paper makes use of the direct interpretation, system interpretation, objective interpretation and explanation sociology and legal interpretation methods of legal text learning, and to clarify the legal laws and regulations, clear purpose between the rights and obligations of the parties, especially to the hospital we should to do surgery treatment obligation, and finally determined that the hospital liability.