On the Legal System of Medical Malpractice Management in China and its Impact on Medical Ethics

The identification of medical malpractice requires sophisticated techniques. However its difficulty always exists in diminishing the disagreements between medical agents and patients, in settling medical disputes or dispute resolutions. Since 1980s, Chinese government is emphasizing more and more importance to adjust the legal relationship involved in medical malpractice by adopting legal means. Imperfect though, some administrative laws and regulations have been established. This paper reviews the relative legislation process and discusses the legal problems existing in the field of medical malpractice management. It also addresses the issues and impact on medical ethical principles. It is pointed out that the perfection of legal system of medical malpractice treatment in China is not just an issue limited to medical system. It also depends on the further improvement of social security mechanism, judicial trial system, administrative system, moral and ethical concept in China.