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Improving of Medical Compensation System on the Tort Liability Law

Xu Ji

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Abstract

This paper based on the tort liability law relevant provision,through analyzing the implementation of medical compensation system change of the tort liability law before and after,combining investigation on other medical compensation system,the author works out main problems at present.Basted on it,the author puts forward some specific measures,including the strengthening the legal interpretation,to promote medial identification of unification,a clear causal relationship between medical injury distribution of the burden of proof,to establish risk-sharing mechanisms and the mediation of medical treatment mode of medical malpractice damages and so on.

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What this paper is about

This paper based on the tort liability law relevant provision,through analyzing the implementation of medical compensation system change of the tort liability law before and after,combining investigation on other medical compensation system,the author works out main problems at present.Basted on it,the author puts forward some specific measures,including the strengthening the legal interpretation,to promote medial identification of unification,a clear causal relationship between medical injury distribution of the burden of proof,to establish risk-sharing mechanisms and the mediation of medical treatment mode of medical malpractice damages and so on.

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Available abstract

This paper based on the tort liability law relevant provision,through analyzing the implementation of medical compensation system change of the tort liability law before and after,combining investigation on other medical compensation system,the author works out main problems at present.Basted on it,the author puts forward some specific measures,including the strengthening the legal interpretation,to promote medial identification of unification,a clear causal relationship between medical injury distribution of the burden of proof,to establish risk-sharing mechanisms and the mediation of medical treatment mode of medical malpractice damages and so on.

Key concepts: Tort, Medical malpractice, Compensation (psychology), Liability, Damages, Strict liability, Law, Tort reform

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