Dissertation > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act

On the Perfection Medical Malpractice

Author LiQingYu
Tutor TianPingAn
School Southwest University of Political Science
Course Civil Procedure Law
Keywords Medical Malpractice Medical Malpractice Medical Malpractice Medical Malpractice Medical Malpractice Conclusion Coordination mechanisms
CLC D922.16
Type Master's thesis
Year 2008
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Medical malpractice disputes a major impact on both doctors and patients interests, its handling of objectivity, fairness of aroused much attention. Medical dispute resolution process, due to the highly technical medical industry professional, the court in the trial of medical malpractice cases, medical malpractice liability identified, to a large extent depends on Medical Malpractice' dissertation">Medical Malpractice' dissertation">Medical Malpractice' dissertation">Medical Malpractice conclusions. Medical Malpractice medical malpractice civil litigation conclusion of the review, to determine, directly affect the fairness of the outcome of the referee. Patient disputes, suffering in a relatively weak position due to financial, human, professional and technical reasons, you need to have a reasonable mechanism to effectively protect the interests of the risk of side. But the construction of the system, a fair and reasonable system does not and should only be biased in favor of the party interests in the protection, but should proceed from the interests of the parties, the establishment of the mechanism to protect the fair and reasonable solution to the dispute. The State Council promulgated the \in Medical Malpractice system has undergone major reform to further advance its objectivity and impartiality. Judicial practice, the current system Medical Malpractice and civil litigation system organic convergence, mainly medical malpractice: medical malpractice the technical appraisal carrying too much, that is, as a civil compensation standards; but also meet the formed over the years of medical malpractice connotation, provide the basis for the administrative handling accident; the Medical Malpractice institutions neutrality is still questionable, the quality of the identification of bodies still to be improved; Medical Malpractice During a court hearing to testify is still very serious, is not conducive to the judge the facts of the case, to resolve disputes; repeated trial identification of the phenomenon persists, resulting in a waste of judicial resources. Therefore, this article attempts to dissect from the perspective of Procedural Law of Medical Malpractice system to analyze them with the relevant provisions of Civil Procedure conflicting, contradictory aspects, some of the ideas and programs to solve problems with the civil litigation system further convergence to achieve its purpose to provide reliable scientific basis for the settlement of disputes. In this paper, based on the basic explore the nature and course of development of the Medical Malpractice, Medical Malpractice system of comprehensive thinking, analysis of the current system of Medical Malpractice exist in the identification, appraisal procedures and expert conclusions and further build the recommendations of the relevant systems and coordination mechanisms. This article from the preface, the text consists of two parts, the text is divided into three chapters. The Chapter Medical Malpractice System Overview. According to the provisions of Article 2 of the Ordinance, medical malpractice refers to medical institutions and medical personnel in the medical activities in violation of the health management laws, administrative regulations, departmental rules and clinic care norms, practices, negligence, caused by the patient's personal injury accident. Complexity of medical malpractice, professional, Medical Malpractice, refers specifically to the to ask the scientific positivism activities specifically identified by the Medical Association of the special problems of medical malpractice disputes, rather than a general identification. The author believes that the Medical Malpractice experts elected by the Medical Association, according to the administrative department of health, the application of the parties, the judiciary, the use of specialized knowledge, experience and skills, as specialized medical malpractice dispute about medical liability issue opinions or conclusions; Medical Malpractice as a special field of scientific activities, its purpose, the main scope has its own characteristics; highly specialized requirements of the Medical Malpractice shall have specialized Medical Malpractice science knowledge, experience and skills of a natural person; expert conclusions drawn objectively and scientifically identified as a specific subject should be based on objective identification of materials, the Medical Malpractice people professional knowledge as well as scientific theories and methods; judgment Medical Malpractice inevitably subjective, but in essence, to Medical Malpractice scientific and legal unification into the proceedings, still need a judge to review the trial cross-examination, for dispute resolution to provide scientific basis; engaged in the identification should be based on the principle; Medical Malpractice system experienced a sprout, a founding non-normal medical method combined with the course of development, in order to protect the objective of the Medical Malpractice, impartiality, and harmonious social environment, continuous development is moving in a more reasonable direction. Chapter II of Medical Malpractice deficiencies in the system of analysis. This chapter analyzes the flaws and shortcomings of the current Medical Malpractice system. First of all, in Medical Malpractice people, the appraiser qualification requirements is not perfect; appraiser lack of protection of certain rights, certain obligations are not fulfilled in real earnest; the Medical Malpractice liability lack of specification. Second, the limited rights of the parties to start Medical Malpractice program in Medical Malpractice program; were first identified by the Regional level restrictions, the need to improve the quality of identification; lack of the identification process of confrontation and debate of the parties; once again identified the lack of procedural norms. Finally, the in Medical Malpractice conclusions, the lack of form of identification of the book; court to review the conclusions of the Medical Malpractice realistic defects. Chapter idea for the Improvement of Medical Malpractice system. Presented in this chapter to promote the concept of \The presence of doctors dare not carry nearly mature new medical technology, hinder the development of medicine. Medical institutions and comprehensively improve the quality of medical care, and reduce the occurrence of medical malpractice is simply where medical malpractice occurred at the same time, a comprehensive, just and protect medical personnel, and the legitimate rights and interests of the medical institutions still need to be explored. Combined with harmonious social environment, this paper presents the current system coordination mechanism measures.

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