2008•Zhongguo quanke yixueRequires access

The Medical Damages Responsibility and Principles of Accountability

XU Zhong-min

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Abstract

To Begin with patient disputes,medical accidents and other medical damages related concepts and relationships,medical damages case is only the scope of the compensation of incidents.To analyze the compensation of the medical the liability in general,we find it include liability for tort,liability for breach,competition liability,and the four special liabilities for tort.Therefore,it can be included that infer medical liability for damages should be general tort liability.To analyze medical damages attribution principle of the liability for fault,the fault presumed responsible,non-fault liability and liability for four fair view,it can be inferred that medical damages attribution principle is the principle of liability for fault.

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What this paper is about

To Begin with patient disputes,medical accidents and other medical damages related concepts and relationships,medical damages case is only the scope of the compensation of incidents.To analyze the compensation of the medical the liability in general,we find it include liability for tort,liability for breach,competition liability,and the four special liabilities for tort.Therefore,it can be included that infer medical liability for damages should be general tort liability.To analyze medical damages attribution principle of the liability for fault,the fault presumed responsible,non-fault liability and liability for four fair view,it can be inferred that medical damages attribution principle is the principle of liability for fault.

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Available abstract

To Begin with patient disputes,medical accidents and other medical damages related concepts and relationships,medical damages case is only the scope of the compensation of incidents.To analyze the compensation of the medical the liability in general,we find it include liability for tort,liability for breach,competition liability,and the four special liabilities for tort.Therefore,it can be included that infer medical liability for damages should be general tort liability.To analyze medical damages attribution principle of the liability for fault,the fault presumed responsible,non-fault liability and liability for four fair view,it can be inferred that medical damages attribution principle is the principle of liability for fault.

Key concepts: Damages, Liability, Tort, Compensation (psychology), Strict liability, Medicine, Scope (computer science), Legal liability

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