Legal considerations on the liability of damage compensation in medical accidents in China.
In the past years, there has been an increasing number of medical accidents in various places around the country. Some of them often led to medical litigations. The responsibility of medical accident compensation is the key factor, which involves either the harmony between physician-patient relationship, or the realization of patients' rights. Though relevant legal provisions on the responsibility of medical accidents have been made in national law, regulation and some judicial interpretation, there exist so many problems in reality, such as the uniformity of law application, compensational rate and the deficiency of compensational scope and method. Therefore, in this article, the author tries to analysis the attribute of medical accident compensation, relevant laws and regulations and the problems in practical life, and to put forward advice on how to perfect medical accident legislation.
Shen
Xiuqin
X
Medical Ethics Institute, School of Medicine, Shandong University, Jinan, Shandong, 250012, China.
Chen
Xiaoyang
X
D000293:Adolescent; D000328:Adult; D002648:Child; D002675:Child, Preschool; D002681:China; D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D006233:Persons with Disabilities / Q000331:legislation & jurisprudence; D006801:Humans; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D028701:Patient Rights; D010817:Physician-Patient Relations; D013997:Time Factors