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The System of Medical Malpractice Litigation

Xiao Liu-zhen

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Abstract

Medical malpractice lawsuit is different from ordinary negligence litigation.The basic characteristics of it are the professionalism of holding medical negligence,the complexity of determining medical damages and the pluralism of causal relationship.There are some defects in judicial practice which are the dilemma of patient and doctor to burden of proof,the uncertainty of determining negligence and the restriction of medical technology.The defensive medicines caused by medical malpractice litigation are very common and bring many negative effects to patients and society.The use of medical negligence litigation should be careful.

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What this paper is about

Medical malpractice lawsuit is different from ordinary negligence litigation.The basic characteristics of it are the professionalism of holding medical negligence,the complexity of determining medical damages and the pluralism of causal relationship.There are some defects in judicial practice which are the dilemma of patient and doctor to burden of proof,the uncertainty of determining negligence and the restriction of medical technology.The defensive medicines caused by medical malpractice litigation are very common and bring many negative effects to patients and society.The use of medical negligence litigation should be careful.

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Available abstract

Medical malpractice lawsuit is different from ordinary negligence litigation.The basic characteristics of it are the professionalism of holding medical negligence,the complexity of determining medical damages and the pluralism of causal relationship.There are some defects in judicial practice which are the dilemma of patient and doctor to burden of proof,the uncertainty of determining negligence and the restriction of medical technology.The defensive medicines caused by medical malpractice litigation are very common and bring many negative effects to patients and society.The use of medical negligence litigation should be careful.

Key concepts: Lawsuit, Damages, Medical malpractice, Malpractice, Medical negligence, Law, Dilemma, Medical practice

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