Research on Medical Malpractice Compensation Legislation

Author: Gong Saihong
Publisher:
Publish Date: 2001-09-01
Features: This paper focuses on the legislative research of medical injury compensation, and the entire text is divided into nine chapters:
Chapter 1: Medical Acts, defining the concept of medical acts and discussing their characteristics;
Chapter 2: Medical Relationships, elaborating on the legal relationships formed by physicians diagnosing and treating patients;
Chapter 3: Convergence of Medical Injury Liability, discussing the general theory of liability convergence, the expert liability of physicians, the convergence of medical injury liability, and the constitutive elements of medical injury liability;
Chapter 4: Medical Injury, discussing the concept of injury, medical injury facts, and the classification of medical injury;
Chapter 5: Medical Negligence, elaborating on the definition and judgment standards of medical negligence;
Chapter 6: Causation in Medical Injury Liability, discussing the legal theory of causation, the characteristics, manifestations, and the relationship between causation and negligence in medical injury liability, as well as the allocation of responsibility in cases of multiple causes;
Chapter 7: Allocation of Burden of Proof in Medical Injury Liability, discussing the significance and basic principles of burden of proof allocation, and how to reduce the burden of proof for victims in medical injury compensation litigation;
Chapter 8: Medical Injury Compensation, discussing the subject of the right to claim medical injury compensation, the scope, calculation methods, calculation basis, specific determination of compensation amounts, and the statute of limitations of the right to claim medical injury compensation;
Chapter 9: Legislative Issues of Medical Injury Compensation, elaborating on how the "Measures for Handling Medical Accidents" of China, as a regulatory instrument, cannot serve as the basis for civil liability, and how medical injury liability can be divided into administrative, civil, and criminal liabilities, regulated respectively by administrative law, civil law, and criminal law.
[Editor's Recommendation] The purpose of the "Series of Special Studies on Chinese Civil and Commercial Law" is to take into account the actual conditions of China's reform and opening-up and the development of a socialist market economy, widely reference the successful legislative experiences and new case law doctrines of developed countries and regions, conduct in-depth research on the basic theories and major legal issues in civil and commercial law practice, provide a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific development of civil and commercial judicial practice, enhance the theoretical level of civil and commercial law, promote the cultivation of civil and commercial law research talents, and enable China's civil and commercial law research to quickly catch up with the level of developed countries and regions.