Legal Analysis of Typical Medical Disputes in China

Author: Chen Ping'an
Publisher:
Publish Date: 2002-11-01
Features: In an increasingly health-conscious society, medical accidents have become a focal point of concern for ordinary citizens, healthcare institutions, and even the nation. Disputes arising from medical accidents have also been on the rise. Especially at the core of these issues are the identification of medical accidents and the determination of liability. This book revolves around this central issue, incorporating national laws and regulations while appropriately applying legal theory and the principles of legal fairness and justice. It provides a detailed analysis and argumentation of several major and complex cases in recent years. Through these analyses and arguments, the book presents a unique perspective on the identification and handling of medical accidents—one that strives to adhere to current laws and regulations while appropriately leveraging theory and principles to break through outdated judicial concepts. Key questions such as whether an accident constitutes a medical accident, which party (patient or healthcare provider) should bear responsibility, what kind of liability should be assumed, and the legal basis for such liability, as well as whether legal theory can provide support, are addressed one by one. It is particularly noteworthy that the cases in this book are real and have been comparatively analyzed based on the newly passed Regulations on the Handling of Medical Accidents of the People's Republic of China in April 2002. This book can serve as a reference for healthcare institutions, patients, and their families. It can also be used as a reference for judges, lawyers, and other legal professionals, as well as for law students in their studies and work.